Jump to ContentJump to Main Navigation
International Law and Domestic Legal SystemsIncorporation, Transformation, and Persuasion$
Users without a subscription are not able to see the full content.

Dinah Shelton

Print publication date: 2011

Print ISBN-13: 9780199694907

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199694907.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2019

France

France

Chapter:
(p.207) 8 France
Source:
International Law and Domestic Legal Systems
Author(s):

Emmanuel Decaux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199694907.003.0008

French tradition combines the privileged position given to written law, and especially to codification over two centuries, with the desire to control ‘judicial authority’ by limiting the importance of jurisprudence and by avoiding general judgements. France reinforces this well established domestic law tradition on the international level by the primacy that is granted to the expression of the will of the state, which goes hand in hand with a distrust of spontaneous or vague obligations, ranging from soft law to jus cogens. For a long time French judges had a global approach to international law, without any distinction of categories, either on a material basis (humanitarian law), on a geographic basis (European law), or on a legal basis (self-contained regimes). This approach is problematic in reference to Community law, which, from these three points of view is not a law like others, but by maintaining the approach Community law has become a spearhead of progress for international law.

Keywords:   French law, domestic law, judicial authority, jurisprudence, customary international law, constitution, constitutional law, Community law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .