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The Role of National Courts in Applying International Humanitarian Law$
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Sharon Weill

Print publication date: 2014

Print ISBN-13: 9780199685424

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199685424.001.0001

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The Avoiding Role of National Courts: Law as a Political Doctrine

The Avoiding Role of National Courts: Law as a Political Doctrine

Chapter:
(p.69) 2 The Avoiding Role of National Courts: Law as a Political Doctrine
Source:
The Role of National Courts in Applying International Humanitarian Law
Author(s):

Sharon Weill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685424.003.0003

This chapter discusses the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. It first analyses the construction of the act of state and political question doctrines. It then examines the de facto selective application of these doctrines by different courts in the United States, Canada, and Israel.

Keywords:   national courts, avoidance doctrines, jurisdiction, United States, Canada, Israel, American law, Canadian law, Israeli law

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