Domestic Application of International Law: Focusing on Direct Applicability: International Law in Japanese Perspective, cartea 15
Autor Yuji Iwasawaen Limba Engleză Hardback – 2 noi 2022
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Specificații
ISBN-13: 9789004509863
ISBN-10: 9004509860
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Law in Japanese Perspective
ISBN-10: 9004509860
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Law in Japanese Perspective
Notă biografică
Yuji IWASAWA, Judge, International Court of Justice. Formerly Chairperson, Human Rights Committee (ICCPR) and Professor of International Law, University of Tokyo. S.J.D (Virginia), LL.M. (Harvard), LL.B. (Tokyo). His publications include International Law, Human Rights, and Japanese Law (Oxford, 1998).
Cuprins
Preface
Abbreviations
Table of Cases
1Introduction
A Increasing Importance of the Domestic Application of International Law
B Incorporation of International Law
C Different Sources of the Concept of Direct Applicability
2Concept of Direct Applicability: The International Approach
AAdvisory Opinion of the Permanent Court of International Justice on Jurisdiction of the Courts of Danzig
B The International Approach
1The International Covenant on Civil and Political Rights
2The International Covenant on Economic, Social and Cultural Rights
3The European Convention on Human Rights
4The American Convention on Human Rights
5The Genocide Convention
6The European Social Charter
7The ilo Conventions
8The Paris Convention for the Protection of Industrial Property
C Problems of the International Approach
3The Doctrine of Self-Executing Treaties in the United States
A Concept
1Directly Applicable and Executed without Legislation
2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability and Domestic Legal Force
(b) Relationship between Direct Applicability and Domestic Legal Force
3Creation of Individual Rights
B Question of Domestic Law
C Criteria
1Subjective Criteria
(a) Intent of the Parties
(b) Executive Intent
(c) Legislative Intent
(d) Declarations
2Objective Criteria
(a) Precision
(b) Subject Matter
(c) Legal Obligations
(d) Political Treaties
(e) International Procedures for Enforcement
(f) Formal Addressee
(g) Language of Contract
D Relative Approach
4Direct Effect of European Union Law
A Concept
1Origin of the Concept
2Direct Effect and Direct Applicability
3Creation of Individual Rights
B Question of EU Law
C Criteria
1Spirit, General Scheme, and Wording
2Precision
3Absence of Discretion
4Unconditionality
5Other Criteria
(a) Provisions Calling for Implementation
(b) Formal Addressee
(c) International Procedures for Enforcement
(d) Legal Obligations
D Regulations, Decisions, Directives, and International Agreements
1Regulations, Decisions, and Directives
2International Agreements
E Relative Approach
1Contextual Determination of Direct Applicability
2The Review of Legality of Member States’ Administrative or Legislative Actions
3Exclusion Effect and Substitution Effect
4Exclusion Effect and Direct Effect
5Primacy and Direct Effect
6Other Effects
F Direct Applicability in EU Law and International Law
5Domestic Application of International Law: A Framework of Analysis
A Concept of Direct Applicability of International Law
1Confusion of Concept
2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability from Domestic Legal Force
(b) Relationship between Direct Applicability and Domestic Legal Force
3Creation of Individual Rights
4Distinguishing Directly Applicable International Law from Law-Making Treaties
B Question of Domestic Law
C Criteria of the Direct Applicability of International Law
1Subjective Criteria
(a) Intent of the Parties
(b) Intent of the Executive and the Legislature
2Objective Criteria
(a) Precision
(b) Subject Matter
(c) Legal Obligations
(d) Political Treaties
(e) International Procedures for Enforcement
(f) Reciprocity
(g) Formal Addressee
D Relative Approach
1Contextual Determination of Direct Applicability
2Positive Application and Negative Application of International Law
3Exclusion Effect
4Standstill Effect
5Review of the Legality of National Measures
6Other Effects
7Advantages of the Relative Approach
6Customary International Law and Acts of International Organizations
A Direct Applicability of Customary International Law
B Direct Applicability of Acts of International Organizations
1Domestic Legal Force
2Direct Applicability
3Other Effects
7Judgments of International Courts
1 Domestic Enforcement of International Decisions
(a)International Arbitral Awards
(b)European Court of Justice
(c)European Court of Human Rights
(d)International Court of Justice
(e)World Trade Organization
2 Direct Enforceability
3 Acts of International Supervisory Bodies
(a)International Labour Organization
(b)United Nations Human Rights Treaty Bodies
4 Effects Other than Direct Enforceability
5 Authentic Interpretation and Authoritative Interpretation
Conclusion
Bibliography
Index
Abbreviations
Table of Cases
1Introduction
A Increasing Importance of the Domestic Application of International Law
B Incorporation of International Law
C Different Sources of the Concept of Direct Applicability
2Concept of Direct Applicability: The International Approach
AAdvisory Opinion of the Permanent Court of International Justice on Jurisdiction of the Courts of Danzig
B The International Approach
1The International Covenant on Civil and Political Rights
2The International Covenant on Economic, Social and Cultural Rights
3The European Convention on Human Rights
4The American Convention on Human Rights
5The Genocide Convention
6The European Social Charter
7The ilo Conventions
8The Paris Convention for the Protection of Industrial Property
C Problems of the International Approach
3The Doctrine of Self-Executing Treaties in the United States
A Concept
1Directly Applicable and Executed without Legislation
2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability and Domestic Legal Force
(b) Relationship between Direct Applicability and Domestic Legal Force
3Creation of Individual Rights
B Question of Domestic Law
C Criteria
1Subjective Criteria
(a) Intent of the Parties
(b) Executive Intent
(c) Legislative Intent
(d) Declarations
2Objective Criteria
(a) Precision
(b) Subject Matter
(c) Legal Obligations
(d) Political Treaties
(e) International Procedures for Enforcement
(f) Formal Addressee
(g) Language of Contract
D Relative Approach
4Direct Effect of European Union Law
A Concept
1Origin of the Concept
2Direct Effect and Direct Applicability
3Creation of Individual Rights
B Question of EU Law
C Criteria
1Spirit, General Scheme, and Wording
2Precision
3Absence of Discretion
4Unconditionality
5Other Criteria
(a) Provisions Calling for Implementation
(b) Formal Addressee
(c) International Procedures for Enforcement
(d) Legal Obligations
D Regulations, Decisions, Directives, and International Agreements
1Regulations, Decisions, and Directives
2International Agreements
E Relative Approach
1Contextual Determination of Direct Applicability
2The Review of Legality of Member States’ Administrative or Legislative Actions
3Exclusion Effect and Substitution Effect
4Exclusion Effect and Direct Effect
5Primacy and Direct Effect
6Other Effects
F Direct Applicability in EU Law and International Law
5Domestic Application of International Law: A Framework of Analysis
A Concept of Direct Applicability of International Law
1Confusion of Concept
2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability from Domestic Legal Force
(b) Relationship between Direct Applicability and Domestic Legal Force
3Creation of Individual Rights
4Distinguishing Directly Applicable International Law from Law-Making Treaties
B Question of Domestic Law
C Criteria of the Direct Applicability of International Law
1Subjective Criteria
(a) Intent of the Parties
(b) Intent of the Executive and the Legislature
2Objective Criteria
(a) Precision
(b) Subject Matter
(c) Legal Obligations
(d) Political Treaties
(e) International Procedures for Enforcement
(f) Reciprocity
(g) Formal Addressee
D Relative Approach
1Contextual Determination of Direct Applicability
2Positive Application and Negative Application of International Law
3Exclusion Effect
4Standstill Effect
5Review of the Legality of National Measures
6Other Effects
7Advantages of the Relative Approach
6Customary International Law and Acts of International Organizations
A Direct Applicability of Customary International Law
B Direct Applicability of Acts of International Organizations
1Domestic Legal Force
2Direct Applicability
3Other Effects
7Judgments of International Courts
1 Domestic Enforcement of International Decisions
(a)International Arbitral Awards
(b)European Court of Justice
(c)European Court of Human Rights
(d)International Court of Justice
(e)World Trade Organization
2 Direct Enforceability
3 Acts of International Supervisory Bodies
(a)International Labour Organization
(b)United Nations Human Rights Treaty Bodies
4 Effects Other than Direct Enforceability
5 Authentic Interpretation and Authoritative Interpretation
Conclusion
Bibliography
Index