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National Courts and the International Rule of Law (Paperback)
Loot Price: R1,421
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National Courts and the International Rule of Law (Paperback)
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This book explores the way domestic courts contribute to the
maintenance of theinternational of 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 explores what it is that international law requires,
expects, or aspires that domestic courts do. Against this backdrop
it maps patterns of domestic practice in the actual or possible
application of international law and determines what such patterns
mean for the protection of the international rule of law.
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