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The Intersection of International Law and Domestic Law
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The Intersection of International Law and Domestic Law

A Theoretical and Practical Analysis

9781785361869 Edward Elgar Publishing
Davíd Thór Björgvinsson, Faculty of Law, University of Iceland and Former Judge, European Court of Human Rights
Publication Date: 2015 ISBN: 978 1 78536 186 9 Extent: 200 pp
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.

The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

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Contents
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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.

The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Critical Acclaim
‘[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.’
– Páll Hreinsson, EFTA-Court

‘This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.’
– Gudmundur Alfredsson, University of Akureyri, Iceland
Contents
Contents: PART I INTRODUCTION 1. Introduction PART II THEORIES ON THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW 2. The Main Theories PART III MONISM AND DUALISM IN PRACTICE 3. The Treaty-making Process and Ratification of Treaties 4. Automatic Incorporation or Transformation 5. Direct Effect 6. Principle of Consistent Interpretation 7. Remarks on the Judgment of the Supreme Court in the Ægisson-case 8. Remedies and Reparations 9. Application of Incorporated Treaties Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78536 187 6
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