Domestic Application of International Law
portes grátis
Domestic Application of International Law
Focusing on Direct Applicability
Iwasawa, Yuji
Brill
11/2022
314
Dura
Inglês
9789004509863
15 a 20 dias
1
Descrição não disponível.
Preface??
Abbreviations??
Table of Cases??
1???Introduction??
?A?Increasing Importance of the Domestic Application of International Law
?B?Incorporation of International Law
?C?Different Sources of the Concept of Direct Applicability
2???Concept of Direct Applicability: The International Approach??
?A?Advisory Opinion of the Permanent Court of International Justice on? Jurisdiction of the Courts of Danzig
?B?The International Approach
?1?The International Covenant on Civil and Political Rights??
?2?The International Covenant on Economic, Social and Cultural Rights??
?3?The European Convention on Human Rights??
?4?The American Convention on Human Rights??
?5?The Genocide Convention??
?6?The European Social Charter??
?7?The ?ilo? Conventions??
?8?The Paris Convention for the Protection of Industrial Property??
?C?Problems of the International Approach
3???The Doctrine of Self-Executing Treaties in the United States??
?A?Concept
?1?Directly Applicable and Executed without Legislation??
?2?Direct 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
?3?Creation of Individual Rights??
?B?Question of Domestic Law
?C?Criteria
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Executive Intent
?(c)?Legislative Intent
?(d)?Declarations
?2?Objective 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
4???Direct Effect of European Union Law??
?A?Concept
?1?Origin of the Concept??
?2?Direct Effect and Direct Applicability??
?3?Creation of Individual Rights??
?B?Question of EU Law
?C?Criteria
?1?Spirit, General Scheme, and Wording??
?2?Precision??
?3?Absence of Discretion??
?4?Unconditionality??
?5?Other Criteria??
?(a)?Provisions Calling for Implementation
?(b)?Formal Addressee
?(c)?International Procedures for Enforcement
?(d)?Legal Obligations
?D?Regulations, Decisions, Directives, and International Agreements
?1?Regulations, Decisions, and Directives??
?2?International Agreements??
?E?Relative Approach
?1?Contextual Determination of Direct Applicability??
?2?The Review of Legality of Member States' Administrative or Legislative Actions??
?3?Exclusion Effect and Substitution Effect??
?4?Exclusion Effect and Direct Effect??
?5?Primacy and Direct Effect??
?6?Other Effects??
?F?Direct Applicability in EU Law and International Law
5???Domestic Application of International Law: A Framework of Analysis??
?A?Concept of Direct Applicability of International Law
?1?Confusion of Concept??
?2?Direct 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
?3?Creation of Individual Rights??
?4?Distinguishing Directly Applicable International Law from Law-Making Treaties??
?B?Question of Domestic Law
?C?Criteria of the Direct Applicability of International Law
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Intent of the Executive and the Legislature
?2?Objective 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
?1?Contextual Determination of Direct Applicability??
?2?Positive Application and Negative Application of International Law??
?3?Exclusion Effect??
?4?Standstill Effect??
?5?Review of the Legality of National Measures??
?6?Other Effects??
?7?Advantages of the Relative Approach??
6???Customary International Law and Acts of International Organizations??
?A?Direct Applicability of Customary International Law
?B?Direct Applicability of Acts of International Organizations
?1?Domestic Legal Force??
?2?Direct Applicability??
?3?Other Effects??
7???Judgments 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??
1???Introduction??
?A?Increasing Importance of the Domestic Application of International Law
?B?Incorporation of International Law
?C?Different Sources of the Concept of Direct Applicability
2???Concept of Direct Applicability: The International Approach??
?A?Advisory Opinion of the Permanent Court of International Justice on? Jurisdiction of the Courts of Danzig
?B?The International Approach
?1?The International Covenant on Civil and Political Rights??
?2?The International Covenant on Economic, Social and Cultural Rights??
?3?The European Convention on Human Rights??
?4?The American Convention on Human Rights??
?5?The Genocide Convention??
?6?The European Social Charter??
?7?The ?ilo? Conventions??
?8?The Paris Convention for the Protection of Industrial Property??
?C?Problems of the International Approach
3???The Doctrine of Self-Executing Treaties in the United States??
?A?Concept
?1?Directly Applicable and Executed without Legislation??
?2?Direct 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
?3?Creation of Individual Rights??
?B?Question of Domestic Law
?C?Criteria
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Executive Intent
?(c)?Legislative Intent
?(d)?Declarations
?2?Objective 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
4???Direct Effect of European Union Law??
?A?Concept
?1?Origin of the Concept??
?2?Direct Effect and Direct Applicability??
?3?Creation of Individual Rights??
?B?Question of EU Law
?C?Criteria
?1?Spirit, General Scheme, and Wording??
?2?Precision??
?3?Absence of Discretion??
?4?Unconditionality??
?5?Other Criteria??
?(a)?Provisions Calling for Implementation
?(b)?Formal Addressee
?(c)?International Procedures for Enforcement
?(d)?Legal Obligations
?D?Regulations, Decisions, Directives, and International Agreements
?1?Regulations, Decisions, and Directives??
?2?International Agreements??
?E?Relative Approach
?1?Contextual Determination of Direct Applicability??
?2?The Review of Legality of Member States' Administrative or Legislative Actions??
?3?Exclusion Effect and Substitution Effect??
?4?Exclusion Effect and Direct Effect??
?5?Primacy and Direct Effect??
?6?Other Effects??
?F?Direct Applicability in EU Law and International Law
5???Domestic Application of International Law: A Framework of Analysis??
?A?Concept of Direct Applicability of International Law
?1?Confusion of Concept??
?2?Direct 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
?3?Creation of Individual Rights??
?4?Distinguishing Directly Applicable International Law from Law-Making Treaties??
?B?Question of Domestic Law
?C?Criteria of the Direct Applicability of International Law
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Intent of the Executive and the Legislature
?2?Objective 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
?1?Contextual Determination of Direct Applicability??
?2?Positive Application and Negative Application of International Law??
?3?Exclusion Effect??
?4?Standstill Effect??
?5?Review of the Legality of National Measures??
?6?Other Effects??
?7?Advantages of the Relative Approach??
6???Customary International Law and Acts of International Organizations??
?A?Direct Applicability of Customary International Law
?B?Direct Applicability of Acts of International Organizations
?1?Domestic Legal Force??
?2?Direct Applicability??
?3?Other Effects??
7???Judgments 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??
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direct effect; self-executing treaties; EU Law; directives; ILO; European Convention on Human Rights; ICCPR; American Convention on Human Rights; WTO; Security Council
Preface??
Abbreviations??
Table of Cases??
1???Introduction??
?A?Increasing Importance of the Domestic Application of International Law
?B?Incorporation of International Law
?C?Different Sources of the Concept of Direct Applicability
2???Concept of Direct Applicability: The International Approach??
?A?Advisory Opinion of the Permanent Court of International Justice on? Jurisdiction of the Courts of Danzig
?B?The International Approach
?1?The International Covenant on Civil and Political Rights??
?2?The International Covenant on Economic, Social and Cultural Rights??
?3?The European Convention on Human Rights??
?4?The American Convention on Human Rights??
?5?The Genocide Convention??
?6?The European Social Charter??
?7?The ?ilo? Conventions??
?8?The Paris Convention for the Protection of Industrial Property??
?C?Problems of the International Approach
3???The Doctrine of Self-Executing Treaties in the United States??
?A?Concept
?1?Directly Applicable and Executed without Legislation??
?2?Direct 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
?3?Creation of Individual Rights??
?B?Question of Domestic Law
?C?Criteria
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Executive Intent
?(c)?Legislative Intent
?(d)?Declarations
?2?Objective 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
4???Direct Effect of European Union Law??
?A?Concept
?1?Origin of the Concept??
?2?Direct Effect and Direct Applicability??
?3?Creation of Individual Rights??
?B?Question of EU Law
?C?Criteria
?1?Spirit, General Scheme, and Wording??
?2?Precision??
?3?Absence of Discretion??
?4?Unconditionality??
?5?Other Criteria??
?(a)?Provisions Calling for Implementation
?(b)?Formal Addressee
?(c)?International Procedures for Enforcement
?(d)?Legal Obligations
?D?Regulations, Decisions, Directives, and International Agreements
?1?Regulations, Decisions, and Directives??
?2?International Agreements??
?E?Relative Approach
?1?Contextual Determination of Direct Applicability??
?2?The Review of Legality of Member States' Administrative or Legislative Actions??
?3?Exclusion Effect and Substitution Effect??
?4?Exclusion Effect and Direct Effect??
?5?Primacy and Direct Effect??
?6?Other Effects??
?F?Direct Applicability in EU Law and International Law
5???Domestic Application of International Law: A Framework of Analysis??
?A?Concept of Direct Applicability of International Law
?1?Confusion of Concept??
?2?Direct 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
?3?Creation of Individual Rights??
?4?Distinguishing Directly Applicable International Law from Law-Making Treaties??
?B?Question of Domestic Law
?C?Criteria of the Direct Applicability of International Law
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Intent of the Executive and the Legislature
?2?Objective 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
?1?Contextual Determination of Direct Applicability??
?2?Positive Application and Negative Application of International Law??
?3?Exclusion Effect??
?4?Standstill Effect??
?5?Review of the Legality of National Measures??
?6?Other Effects??
?7?Advantages of the Relative Approach??
6???Customary International Law and Acts of International Organizations??
?A?Direct Applicability of Customary International Law
?B?Direct Applicability of Acts of International Organizations
?1?Domestic Legal Force??
?2?Direct Applicability??
?3?Other Effects??
7???Judgments 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??
1???Introduction??
?A?Increasing Importance of the Domestic Application of International Law
?B?Incorporation of International Law
?C?Different Sources of the Concept of Direct Applicability
2???Concept of Direct Applicability: The International Approach??
?A?Advisory Opinion of the Permanent Court of International Justice on? Jurisdiction of the Courts of Danzig
?B?The International Approach
?1?The International Covenant on Civil and Political Rights??
?2?The International Covenant on Economic, Social and Cultural Rights??
?3?The European Convention on Human Rights??
?4?The American Convention on Human Rights??
?5?The Genocide Convention??
?6?The European Social Charter??
?7?The ?ilo? Conventions??
?8?The Paris Convention for the Protection of Industrial Property??
?C?Problems of the International Approach
3???The Doctrine of Self-Executing Treaties in the United States??
?A?Concept
?1?Directly Applicable and Executed without Legislation??
?2?Direct 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
?3?Creation of Individual Rights??
?B?Question of Domestic Law
?C?Criteria
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Executive Intent
?(c)?Legislative Intent
?(d)?Declarations
?2?Objective 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
4???Direct Effect of European Union Law??
?A?Concept
?1?Origin of the Concept??
?2?Direct Effect and Direct Applicability??
?3?Creation of Individual Rights??
?B?Question of EU Law
?C?Criteria
?1?Spirit, General Scheme, and Wording??
?2?Precision??
?3?Absence of Discretion??
?4?Unconditionality??
?5?Other Criteria??
?(a)?Provisions Calling for Implementation
?(b)?Formal Addressee
?(c)?International Procedures for Enforcement
?(d)?Legal Obligations
?D?Regulations, Decisions, Directives, and International Agreements
?1?Regulations, Decisions, and Directives??
?2?International Agreements??
?E?Relative Approach
?1?Contextual Determination of Direct Applicability??
?2?The Review of Legality of Member States' Administrative or Legislative Actions??
?3?Exclusion Effect and Substitution Effect??
?4?Exclusion Effect and Direct Effect??
?5?Primacy and Direct Effect??
?6?Other Effects??
?F?Direct Applicability in EU Law and International Law
5???Domestic Application of International Law: A Framework of Analysis??
?A?Concept of Direct Applicability of International Law
?1?Confusion of Concept??
?2?Direct 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
?3?Creation of Individual Rights??
?4?Distinguishing Directly Applicable International Law from Law-Making Treaties??
?B?Question of Domestic Law
?C?Criteria of the Direct Applicability of International Law
?1?Subjective Criteria??
?(a)?Intent of the Parties
?(b)?Intent of the Executive and the Legislature
?2?Objective 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
?1?Contextual Determination of Direct Applicability??
?2?Positive Application and Negative Application of International Law??
?3?Exclusion Effect??
?4?Standstill Effect??
?5?Review of the Legality of National Measures??
?6?Other Effects??
?7?Advantages of the Relative Approach??
6???Customary International Law and Acts of International Organizations??
?A?Direct Applicability of Customary International Law
?B?Direct Applicability of Acts of International Organizations
?1?Domestic Legal Force??
?2?Direct Applicability??
?3?Other Effects??
7???Judgments 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??
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
