What Rule of Law Model for Domestic Courts Using International Law in States in Transition: Thin, Thick or 'A La Carte'

2010 ◽  
Author(s):  
Stephane Beaulac
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Domestic Courts ◽  
A La Carte

Sources and the Enforcement of International Law

2018 ◽  
Author(s):  
Antonios Tzanakopoulos ◽  
Eleni Methymaki
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Domestic Courts ◽  
The Law ◽  
Important Position ◽  
The Ideal

This chapter examines the role of domestic courts in the ideal continuum commencing from sources and ultimately ending in the enforcement of the law in a specific case. It asks whether domestic court decisions are a cause (source) or an effect (enforcement) of international law. The chapter argues that the enforcement of international law is reflexive, rather than reactive. There is thus no real continuum, with domestic courts occupying this or that position on it. Rather, domestic court decisions are both part of the cause and of the effect of international law. The enforcement of a rule of law in a specific case constitutes, in accordance with the sources doctrine, yet another brick in the wall of that same ever-changing rule. And given the increasingly important position that domestic courts are assuming in the enforcement of international law, they become ever more important agents of the development of that law.

Retroactive Law and Proactive Justice: Debating Crimes against Humanity in Germany, 1945–1950

2010 ◽  
Vol 43 (3) ◽  
pp. 428-463 ◽  
Author(s):  
Devin O. Pendas
Keyword(s):  
World War Ii ◽  
International Law ◽  
Rule Of Law ◽  
Turning Point ◽  
Crimes Against Humanity ◽  
World War ◽  
The Rule Of Law ◽  
Domestic Courts ◽  
History Of ◽  
History Of International Law

The Nuremberg Trial may well be the most famous trial of the twentieth century, which is as it should be. After all, the Nuremberg Trial, while perhaps not as unprecedented as is frequently assumed, did mark a decisive turning point in the history of international law. It marked the first broadly successful attempt to impose the rule of law not just on the conduct of war but also, in a limited way, on domestic atrocities as well. The fame of this single trial has had the unfortunate side-effect of overshadowing the literally thousands of other Nazi trials that took place after World War II, however. These additional trials can be divided into three categories: those that took place in the domestic courts of victim nations, those that took place in occupation courts, and, perhaps least well-known, those that took place inGermancourts.

Ireland

2018 ◽  
Author(s):  
Eilionóir Flynn
Keyword(s):  
Mental Health ◽  
International Law ◽  
Health Law ◽  
Disability Rights ◽  
Eu Law ◽  
Persons With Disabilities ◽  
Unique Position ◽  
Domestic Courts ◽  
Employment Equality ◽  
The Impact

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

The Universal Rule of Law in the Thought of the Late Medieval Jurists of Roman and Canon Law

2018 ◽  
Author(s):  
Joseph Canning
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Canon Law ◽  
Research Question ◽  
Late Medieval ◽  
Legal Structure ◽  
Vertical Relationship ◽  
New Research ◽  
Universal Rule ◽  
Universal Application

Late medieval Roman and canon law jurisprudence provided the origins of European notions of a universal rule of law in two senses: a legal order of universal extent and a structure of higher norms of universal application. Whereas modern international law is primarily concerned with the horizontal relationship between states, medieval jurists mainly considered the vertical relationship between universal and territorial powers. They developed de iure–de facto arguments to justify a plurality of sovereign states within an overall universal legal structure. Contributions to the elaboration of theories of just war were also made. We must be cautious about claiming that late medieval jurists contributed to the development of early international law as normally understood. Nevertheless, early-modern theorists of international law referred back to the work of their medieval juristic predecessors. A new research question is emerging about the usefulness of using the term ‘international’ in interpreting medieval jurists.

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