The Intersection of International Law and Domestic Law: A Theoretical and Practical Analysis

Front Cover
Edward Elgar Publishing, Nov 27, 2015 - Law - 200 pages

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.
 
The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.
 
Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
 

 

Contents

1 Introduction
1
PART I Theories on the relationship between international law and domestic law
15
2 The main theories
19
PART II Monism and dualism in practice
41
3 The treatymaking process and ratification of treaties
43
4 Automatic incorporation or transformation
55
5 Direct effect
89
6 Principle of consistent interpretation
104
7 Remarks on the judgment of the Supreme Court in the Ægisson case
121
8 Remedies and reparations
128
9 Application of incorporated treaties
133
Bibliography
170
Index
181
Copyright

Common terms and phrases

About the author (2015)

Davíd Thór Björgvinsson, Faculty of Law, University of Iceland and Former Judge, European Court of Human Rights

Bibliographic information