The Relationship Between Public International Law and Domestic Law in Switzerland - Das Verhältnis von Völkerrecht und Landesrecht in der Schweiz (in German)

2009 ◽  
Author(s):  
Anne Peters ◽  
Isabella Pagotto
Keyword(s):  
International Law ◽  
Public International Law ◽  
The Relationship ◽  
Domestic Law

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

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