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Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd Jan 2006

Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd

American University International Law Review

No abstract provided.


Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl Jan 2006

Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl

Vanderbilt Journal of Transnational Law

This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …