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Full-Text Articles in Law
The Application Of Informal International Instruments Before Domestic Courts, André Nollkaemper, Machiko Kanetake
The Application Of Informal International Instruments Before Domestic Courts, André Nollkaemper, Machiko Kanetake
André Nollkaemper
The rigidity associated with formal international law has induced states and international organizations to resort to declarations, comments, guidelines, and other “informal” international instruments. Despite their informality, many of these nontreaty instruments have prompted actions at the domestic level, including before domestic courts. This Article analyzes on what basis domestic courts apply informal international instruments. Given that the “bindingness” is not always available as an explanatory factor, the normative basis for giving effect to informal instruments has to be found in the persuasiveness of instruments. Yet, what makes a particular instrument persuasive in the eyes of a domestic court remains …
The Effects Of Treaties In Domestic Law, André Nollkaemper
The Effects Of Treaties In Domestic Law, André Nollkaemper
André Nollkaemper
Treaties, while operating primarily at international level, by definition require a legal connection to the national level. The connection between treaties and domestic law is particularly relevant when treaties regulate matters that also are also dealt with by domestic law, and determine the position of private individuals who by their very nature are (primarily) subjected to national law. Obviously, the domestic effect of treaties is not just a matter of technique. It serves important policy objectives and reflects deeply political questions. In the final analysis, determining whether and how a treaty has direct effect requires an answer to the question …
Rule Of Law Dynamics In An Era Of International And Transnational Governance: Introduction, Michael Zürn, André Nollkaemper, Randall Peerenboom
Rule Of Law Dynamics In An Era Of International And Transnational Governance: Introduction, Michael Zürn, André Nollkaemper, Randall Peerenboom
André Nollkaemper
No abstract provided.
Rule Of Law Reform In Post-Conflict States: Introduction, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
Rule Of Law Reform In Post-Conflict States: Introduction, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
André Nollkaemper
No abstract provided.
The Practice Of International And National Courts And The (De-)Fragmentation Of International Law: Conclusions, Ole Kristian Fachauld, André Nollkaemper
The Practice Of International And National Courts And The (De-)Fragmentation Of International Law: Conclusions, Ole Kristian Fachauld, André Nollkaemper
André Nollkaemper
No abstract provided.
Rule Of Law Reform In Post-Conflict States: Concluding Observations, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
Rule Of Law Reform In Post-Conflict States: Concluding Observations, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
André Nollkaemper
No abstract provided.
‘Gemengde’ Tribunalen En Hooggespannen Verwachtingen, André Nollkaemper, Sarah Nouwen
‘Gemengde’ Tribunalen En Hooggespannen Verwachtingen, André Nollkaemper, Sarah Nouwen
André Nollkaemper
No abstract provided.
The Independence Of The Domestic Judiciary In International Law, André Nollkaemper
The Independence Of The Domestic Judiciary In International Law, André Nollkaemper
André Nollkaemper
No abstract provided.
The Role Of Domestic Courts In The Case Law Of The International Court Of Justice, André Nollkaemper
The Role Of Domestic Courts In The Case Law Of The International Court Of Justice, André Nollkaemper
André Nollkaemper
Recent legal scholarship has argued that the traditional hiearchical realtionship between international courts and dmoestic courts has been replaced by a relationship characterized by such features as co-operation, communication and dialogue. This article examines to what extent the practice of the International Court of Justice supports that development. It concludes that while the case law of the International Court of Justice remains largely rooted in the traditional perspective, in which decisions of domestic courts are just facts, in recent cases we can see some evidence for a more complementary relationship.
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
André Nollkaemper
No abstract provided.
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
André Nollkaemper
No abstract provided.
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
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 …
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
André Nollkaemper
No abstract provided.
Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet
Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet
André Nollkaemper
No abstract provided.