International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion
Dinah Shelton
Abstract
Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in twenty-seven countries throughout th ... More
Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in twenty-seven countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.
Keywords:
international law,
international legal order,
domestic legal systems,
treaty-making,
judicial decision-making,
human rights
Bibliographic Information
| Print publication date: 2011 |
Print ISBN-13: 9780199694907 |
| Published to Oxford Scholarship Online: January 2012 |
DOI:10.1093/acprof:oso/9780199694907.001.0001 |
Authors
Affiliations are at time of print publication.
Dinah Shelton, Editor
Manatt/Ahn Professor of International Law, George Washington University Law School, Washington DC
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