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Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper

André Nollkaemper

This paper explores differences and similarities in how domestic courts – mainly Dutch courts – apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that dominates practice in both areas: that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. This article offers a systematic comparison of how courts employ this principle. On the basis of a detailed analysis of the relevant national case law and the case law of the European Court of Justice (ECJ), it …