The practice of international and national courts and the (de-)fragmentation of international law
By: edited by Ole Kristian Fauchald and André Nollkaemper
Series: Studies in international law -- v. 40
Publisher: Hart
Published: 2012
Place of publication: Oxford; Portland, Or
Language: eng
Number of pages: 367
ISBN-13: 9781849462471
Subjects: International courts; Rules and practice; International law; Foreign trade regulation; Courts
Other titles: International and national courts and the (de)-fragmentation of international law; Practice of international and national courts and the defragmentation of international law
Description: "In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter."--Bloomsbury Publishing.
Notes: Includes bibliographical references.
Table of contents: title: One law to rule them all : should international courts be viewed as guardians of procedural order and legal uniformity?  -- Yuval Shany; title: Customary rules of interpretation in the practice of WTO dispute settlement bodies  -- Lukasz Gruszczynski; title: IMF-WTO interaction : institutional, jurisdictional and procedural aspects  -- Claus D. Zimmermann; title: Sources of law and arbitral interpretations of pari materia investment protection rules  -- Martins Paparinskis; title: The ECHR and its normative environment : difficulties arising from a regional human rights court's approach to systemic integration  -- Ragnar Nordeide; title: The systemic integration of international law by domestic courts : domestic judges as architects of the consistency of the international legal order  -- Jean d'Aspremont; title: Legal integration through judicial dialogue  -- Tor-Inge Harbo; title: Judicial dialogue in multi-level governance : the impact of the Solange argument  -- Antonios Tzanakopoulos; title: Flux and fragmentation in the international law of state jurisdiction : the synecdochal example of Canada's domestic court conflicts over accountability for international human rights violations  -- Robert J. Currie and Hugh M. Kindred; title: Immunities and human rights : dissecting the dialogue in national and international courts  -- Philippa Webb; title: Transjudicial dialogue and consistency in human rights jurisprudence : a case study on diplomatic assurances against torture  -- Aristoteles Constantinides; title: Racial discrimination in Japan : unity, diversity and international law  -- Timothy Webster; title: Subtle but enduring : the role of domestic courts in the shaping of international economic law through proper interpretation of domestic law : the WTO agreement before Swiss courts -- Andreas R. Ziegler.