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International Law In Domestic Courts: A Conflict Of Laws Approach, Ralf Michaels, Karen Knop, Annelise Riles
International Law In Domestic Courts: A Conflict Of Laws Approach, Ralf Michaels, Karen Knop, Annelise Riles
Faculty Scholarship
The relationship between international law and domestic law is rarely understood as a conflict of laws. Understanding it in this way opens up a parallel with the field of conflict of laws: the field for which the relationship between legal systems, especially the role of another system's jurisdiction, laws, and judgments vis-à-vis the domestic legal system, are exactly the bread-and-butter issues. We argue for such an approach to international law in domestic courts: an approach that we elaborate as "theory through technique." In our view, conflicts should be seen broadly as the discipline that developed to deal with conflicts between …