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The Practice of International and National Courts and the (De-)Fragmentation of International Law

The Practice of International and National Courts and the (De-)Fragmentation of International Law

by Ole Kristian Fauchald and Professor Andre Nollkaemper
Paperback
Publication Date: 28/08/2014

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There has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Supervisory bodies established to control compliance with treaty obligations have have experienced a similar development. National courts further add to the practice of adjudication of claims based on international law.

While courts and supervisory bodies strengthen the adjudicatory process in international law, they also pose challenges to the unity of international law. Most of these bodies operate within their own special regime and will primarily interpret and apply international law accordingly. The role of domestic courts focuses on applying and giving effect to internaqtional law within the framework of national law. Both international and national courts have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations.

This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK).
ISBN:
9781849466639
9781849466639
Category:
Public international law
Format:
Paperback
Publication Date:
28-08-2014
Language:
English
Publisher:
Bloomsbury Publishing PLC
Country of origin:
United Kingdom
Pages:
382
Dimensions (mm):
234x156x18mm
Weight:
0.58kg

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