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International Law and Domestic Legal Systems - Incorporation, Transformation, and Persuasion (Hardcover, New)
Loot Price: R6,355
Discovery Miles 63 550
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International Law and Domestic Legal Systems - Incorporation, Transformation, and Persuasion (Hardcover, New)
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Different countries incorporate and interpret international law in
different ways. This book provides a systematic analysis of the
domestic constitutional regime of over two dozen countries, setting
out the status accorded to international law in those countries and
its normative weight, as well as problems relating to its
implementation.
This country-by-country comparison allows the book to examine how
the international legal order and domestic legal systems interact
and influence each other. Through a series of chapters on the role
of international law in 27 countries throughout the world, it shows
a growing tendency towards greater democratic participation in
treaty-making coupled with a significant utilization of informal
agreements that by-pass such participation, as well as a role for
non-binding normative instruments as persuasive authority in
domestic judicial decision-making. The chapters suggest a stronger
attachment to international law in legal systems that have survived
a period of repression, resulting in many cases in a higher
normative status for international human rights instruments in
those states. The impact of the European Union on the
constitutional order of its member states is also examined.
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