Description
Book SynopsisThis book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book primarily expl
Trade ReviewAs pointed out in the preface, international doctrine lacked a systematic analysis of the domestic judicial application of international law, one based not on a theorization of relations between domestic law and international law but on an accurate analysis of data emanating from the decisions of domestic courts. The gap has now been filled by this truly commendable work. The merit of this book, in our opinion, lies in the fact that it sheds light on numerous concepts in respect of which there is often uncertainty, specifically because their definition rests on solely theoretical constructs rather than on an objective analysis of practice. * Giuseppe Cataldi, Global Law Books *
To conclude, the book under review is an extremely useful work for all those who, either on a theoretical level or as practitioners of the law, are called upon to deal with the relationship between the domestic and the international legal orders. * Giuseppe Cataldi, European Journal of International Law *
Table of ContentsIntroduction ; 1. Conditions ; Jurisdiction ; Validity of International Law ; Standing ; Independence ; 2. Techniques ; Direct Application ; Interpretation ; Review of Administrative Discretion ; Procedural Law ; 3. Remedies ; Prevention or Determination of International Wrongs? ; Determination of International Wrongs ; Key Features of the Implementation of International Responsibility ; Remedies ; 4. Dilemmas ; Finality ; Legitimacy ; Effectiveness ; Fragmentation
