Articoli di riviste: "Domestic Law. International Law"

1

Lee, Jae Gon. "International Environmental Law and Domestic Law". Korea International Law Review, n. 57 (30 ottobre 2020): 1–27. http://dx.doi.org/10.25197/kilr.2020.57.1.

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Benatar, Marco. "INTERNATIONAL LAW, DOMESTIC LENSES". Cambridge Journal of International and Comparative Law 3, n. 2 (2014): 357–80. http://dx.doi.org/10.7574/cjicl.03.02.213.

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Connah, Leoni. "International Law vs. Domestic Law in Kashmir". Peace Review 33, n. 4 (2 ottobre 2021): 488–94. http://dx.doi.org/10.1080/10402659.2021.2043008.

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Lowe, A. V., Colin Warbrick e Colin Warbrick. "International Law and Domestic Law: Ministerial Powers". International and Comparative Law Quarterly 38, n. 4 (ottobre 1989): 965–77. http://dx.doi.org/10.1093/iclqaj/38.4.965.

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Pereira, Ana Cristina, Eraldo Júnior e Brenda Araújo. "DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL". Panorama of Brazilian Law 4, n. 5-6 (15 maggio 2017): 197–222. http://dx.doi.org/10.17768/pbl.a4.n5-6.p197.

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Pereira, Ana Cristina Paulo, e Eraldo Silva Júnior. "DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL". PANORAMA OF BRAZILIAN LAW 4, n. 5-6 (26 maggio 2018): 197–222. http://dx.doi.org/10.17768/pbl.v4i5-6.34433.

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International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

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Pereira, Ana Cristina Paulo, e Eraldo Silva Júnior. "DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL". PANORAMA OF BRAZILIAN LAW 4, n. 5-6 (26 maggio 2018): 197–222. http://dx.doi.org/10.17768/pbl.v4i5-6.p197-222.

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Abstract (sommario):

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

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Pereira, Ana Cristina Paulo, e Eraldo Silva Júnior. "DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL". PANORAMA OF BRAZILIAN LAW 4, n. 5-6 (31 maggio 2017): 197–222. http://dx.doi.org/10.17768/pbl.y4.n5-6.p197-222.

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Abstract (sommario):

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

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Pereira, Ana Cristina Paulo, e Eraldo Silva Júnior. "DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL". PANORAMA OF BRAZILIAN LAW 4, n. 5-6 (26 maggio 2018): 197–222. http://dx.doi.org/10.17768/pbl.y4n5-6.p197-222.

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Abstract (sommario):

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

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Wang, Tianci. "The Impact of Domestic Law on International Law". Lecture Notes in Education Psychology and Public Media 3, n. 1 (1 marzo 2023): 523–29. http://dx.doi.org/10.54254/2753-7048/3/2022579.

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The birth of international law falls behind domestic law, therefore as a developing legal system, international law is naturally influenced by the more mature domestic law system, both in terms of domestic public law and domestic private law. Modern international law is essentially international law with a sense of domestic private law, but the increasingly frequent and complex international interactions required the establishment of a hierarchical and centralized structure shown in domestic public law. The development of international law by drawing on domestic public law faces certain obstacles and poses risks that should be given due attention. This study starts with the theoretical foundation of domestic law influencing international law, in both private and public sense, followed by analyses of real-world practice, and concluded with the major issues such as the different interpretations of equality in domestic and international laws. This article concludes that international law was first developed based on domestic private law with a focus on equality, and then shifted towards domestic public law by emphasizing hierarchy and centralization. International constitutionalism is also discussed in this study using some judgements made by the International Court of Justice.

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Wuerth, Ingrid. "International Law, Domestic Law, and the United States". American Journal of International Law 108, n. 1 (gennaio 2014): 116–23. http://dx.doi.org/10.5305/amerjintelaw.108.1.0116.

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Lowe, A. V., Colin Warbrick e Colin Warbrick. "Addendum: International law and Domestic law: Ministerial Powers". International and Comparative Law Quarterly 39, n. 4 (ottobre 1990): 952–54. http://dx.doi.org/10.1093/iclqaj/39.4.952.

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Shulman, Seth. "International treaty made domestic law". Nature 345, n. 6272 (maggio 1990): 192. http://dx.doi.org/10.1038/345192c0.

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Fatima, Shaheed. "Using International Law in Domestic Courts – Part III: Customary International Law". Judicial Review 8, n. 4 (dicembre 2003): 235–40. http://dx.doi.org/10.1080/10854681.2003.11427280.

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Hertogen, An. "The Persuasiveness of Domestic Law Analogies in International Law". European Journal of International Law 29, n. 4 (novembre 2018): 1127–48. http://dx.doi.org/10.1093/ejil/chy066.

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Erdem, Muhammet Emre, e İmran Arıtı Erdem. "THE POSITION OF INTERNATIONAL TAX TREATIES IN DOMESTIC LAW". E-journal of New World Sciences Academy 14, n. 2 (29 aprile 2019): 1–24. http://dx.doi.org/10.12739/nwsa.2019.14.2.4c0228.

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Mahasneh, Nisreen. "An Equal Treatment for Domestic Workers: Qatari Law and International Law". Dirasat: Shari'a and Law Sciences 49, n. 1 (1 marzo 2022): 165–76. http://dx.doi.org/10.35516/law.v49i1.825.

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Objectives: This article aims at studying the rights and obligations of domestic workers under the Qatari Law No. 15/2017 Promulgating the Domestic Workers Law in comparison with the Domestic Workers Convention, 2011 (No. 189) issued by the International Labor Organization (ILO). It also aims at shedding light on the principle of equal treatment between domestic and regular workers, which is fully adopted by the International Convention. Methods: This study follows a descriptive, analytical and comparative methodology. hence, the legal provisions were reviewed and analyzed, then compared at two levels: comparison between the provisions of the national law on the one hand and the International Convention on the other hand, and comparison between Qatari Law No. (15) relating to domestic workers and the Qatari Employment Law. Results: The study reached some results, the most important of which is that Qatari law was and still excludes domestic workers from the ambit of the Employment Law; this in turn does not allow applying any of the provisions of the Employment Law to domestic workers, even if it includes a preferential rule. On the other hand, the International Convention aims at achieving equality between regular and domestic workers. The particular law that relates to domestic workers should only apply when it grants an advantage that is not given under Employment Law. That is to say, Employment Law must still be referred to as being the general law. Conclusions: Qatari legislator should adopt International Convention No. 189, or at least adopt more of its provisions, in order to better approach the principle of equal treatment.

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Hepburn, Jarrod. "Domestic Investment Statutes In International Law". American Journal of International Law 112, n. 4 (ottobre 2018): 658–706. http://dx.doi.org/10.1017/ajil.2018.85.

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AbstractAlongside now-controversial investment treaties, many states also maintain domestic investment statutes. Although these laws offer protections similar to investment treaties and are increasingly applied in investor-state arbitration, they have—unlike the treaties—attracted limited scholarly scrutiny. This article argues that investment statutes can plausibly be characterized either as unilateral acts in international law or as domestic law. The article examines the significant consequences that follow from these characterizations, providing the first comprehensive analysis of these hybrid statutes.

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Harris, Philip R. "American space law: International and domestic". Space Policy 12, n. 2 (maggio 1996): 148. http://dx.doi.org/10.1016/0265-9646(96)84112-9.

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T. St J. N. B. "Incorporating International Obligations into Domestic Law". Statute Law Review 15, n. 3 (1994): 215–16. http://dx.doi.org/10.1093/slr/15.3.215.

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Williams, Sarah. "Public International Law". International and Comparative Law Quarterly 53, n. 1 (gennaio 2004): 227–45. http://dx.doi.org/10.1093/iclq/53.1.227.

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In May 2003 the United Nations General Assembly approved an agreement between the United Nations and the Cambodian government (UN Agreement) providing for United Nations assistance in the establishment and operation of ‘Extraordinary Chambers’ within the domestic court structure of Cambodia.1The UN Agreement is the result of a lengthy process of negotiation between the United Nations and the Cambodian government, with the intervention of several interested states.2The final agreement reflects a compromise between the need to address impunity and the need to preserve Cambodian sovereignty.

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Petit de Gabriel, Eulalia W. "WAR CRIMES, OR WHEN INTERNATIONAL LAW MOVED AHEAD DOMESTIC LAW". Spanish Yearbook of International Law 20 (31 dicembre 2016): 119–60. http://dx.doi.org/10.17103/sybil.20.08.

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Thomas, Katherine Reece. "THE CHANGING STATUS OF INTERNATIONAL LAW IN ENGLISH DOMESTIC LAW". Netherlands International Law Review 53, n. 03 (dicembre 2006): 371. http://dx.doi.org/10.1017/s0165070x06003718.

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Drumbl, Mark A. "Extracurricular International Criminal Law". International Criminal Law Review 16, n. 3 (27 maggio 2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.

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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.

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Arato, Julian. "The Private Law Critique of International Investment Law". American Journal of International Law 113, n. 1 (gennaio 2019): 1–53. http://dx.doi.org/10.1017/ajil.2018.96.

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AbstractThis Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.

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Mendelson, Maurice. "The effect of customary international law on domestic law: An overview". Non-State Actors and International Law 4, n. 1 (2004): 75–85. http://dx.doi.org/10.1163/157180704323129476.

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이기평. "The Status and Effect of International Law in Chinese Domestic Law". Chinese Law Review 16, n. ll (dicembre 2011): 279–318. http://dx.doi.org/10.22415/clr.2011.16..012.

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Djajic, Sanja, e Maja Stanivukovic. "Domestic law in international investment arbitration: An overlooked source of law". Anali Pravnog fakulteta u Beogradu 65, n. 2 (2017): 70–90. http://dx.doi.org/10.5937/analipfb1702070d.

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Kahraman, Filiz, Nikhil Kalyanpur e Abraham L. Newman. "Domestic courts, transnational law, and international order". European Journal of International Relations 26, n. 1_suppl (settembre 2020): 184–208. http://dx.doi.org/10.1177/1354066120938843.

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This article revisits the relationship between law and international order. Building on legal research concerned with transnational law, we argue that domestic courts are endogenous sites of international political change. National courts are constitutive of international order by generating new rules, adjudicating transnational disputes, and bounding state sovereignty. We illustrate the ways in which national courts create new political opportunities by updating three core international relations theory debates. Recognizing the role of domestic courts as global adjudicators enhances our understanding of regime complexity and international forum shopping. By re-interpreting aspects of conventional international law, and engaging in cross-border dialogue, domestic courts challenge our understanding of international diffusion and judicialization. By redefining the boundaries of state authority and sovereignty, national courts create potential for conflict and cooperation. A transnational law perspective illustrates the porous nature between domestic and international spheres, highlighting how domestic courts have become adjudicators for state and non-state actors that operate across mainstream levels of analysis. Our approach calls on scholars to move beyond analyzing national legal systems as mechanisms of compliance to instead consider domestic courts as co-creators of international order.

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Mitgutsch, Ingrid. "„International Criminal Law before Domestic Courts“ – Tagungsbericht". Journal für Strafrecht 9, n. 1 (2022): 54. http://dx.doi.org/10.33196/jst202201005401.

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Caspellan, Pauline Agatha. "International Disaster Law at the Domestic Level". Yearbook of International Disaster Law Online 3, n. 1 (21 febbraio 2022): 502–11. http://dx.doi.org/10.1163/26662531_00301_026.

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Radan, Peter. "Secessionist Referenda in International and Domestic Law". Nationalism and Ethnic Politics 18, n. 1 (gennaio 2012): 8–21. http://dx.doi.org/10.1080/13537113.2012.654083.

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Gourgourinis, Anastasios. "Domestic Investment Incentives in International Trade Law". World Trade Review 22, n. 1 (13 gennaio 2023): 35–54. http://dx.doi.org/10.1017/s147474562200043x.

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AbstractDomestic Investment Laws (DILs), a prominent tool of contemporary unilateral International Economic Law (IEL) in the context of the Liberal International Order (LIO), consistently provide for investment incentives as a key aspect of domestic industrial policies geared to influence investment location decisions. The various types of investment incentives include fiscal measures to attract investment, direct subsidies, and other regulatory measures aimed at creating favorable administrative and regulatory conditions for investment. This article analyzes how the provisions of the World Trade Organization (WTO) Agreements contain basic disciplines and set limitations for the distortive effects of investment incentives. It is argued that the relevance of WTO law for domestic investment incentives should not be under-stated; rather, DILs providing investment incentives should be treated as a limited exception to the ongoing move from international to domestic in the era of the LIO.

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Ahmad, Dawood, e Gideon F. B. Solre. "International Business Law Concerning Domestic and an International Trade". American Journal of Applied Sciences 20, n. 1 (1 gennaio 2023): 1–16. http://dx.doi.org/10.3844/ajassp.2023.1.16.

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Fomba, Diakaridia, Muhammad Misbahul Mujib e Ahmed Hedieloum Kodio. "Amnesty Limits in International Criminal Law". Journal of Politics and Law 13, n. 2 (20 maggio 2020): 69. http://dx.doi.org/10.5539/jpl.v13n2p69.

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This article examine the problems raised by amnesty in the domestic and international legal order in the context of national reconciliation. It examines the scope and limits of the amnesty law, justifying it by the exceptions made for international crimes and violations as far as international humanitarian law is concerned. Indeed, this paper deals with the domestic and international legal aspects of non-amnesty crimes that are recognized under conventional and customary international law as imprescriptible, through the experience of specialized international courts on the subject such as those of Rwanda, Sierra Leone, and the ICC.

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Nikolic-Ristanovic, Vesna, e Mirjana Dokmanovic. "International standards and domestic violence". Temida 8, n. 2 (2005): 11–20. http://dx.doi.org/10.2298/tem0502011n.

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The majority states in the world, as well as Serbia and Montenegro, took over the obligations from international law documents with regards to prevention, protection and prosecution of domestic violence. Over the last several years, in Serbia and Montenegro, there have been some positive steps regarding more decisive reaction on domestic violence, in the first place thanks to NGOs advocacy. However, the state involvement and contribution is still symbolic in comparison with obligations that international documents require from it. Having that in mind, authors try to explain the role and significance of international law for improving social responses on family violence. They also give systematic review of the most important demands that international law set up before the state. The main aim of the text is the analysis of the role that international law has in making state strategies in the field of domestic violence, as well as systematic review of existing international standards in this area which have to be taken into consideration in legislative, institutionalized and other reforms which are on going in Serbia and Montenegro.

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Kosař, David, e Lucas Lixinski. "Domestic Judicial Design by International Human Rights Courts". American Journal of International Law 109, n. 4 (ottobre 2015): 713–60. http://dx.doi.org/10.5305/amerjintelaw.109.4.0713.

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Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conflicts, and the law of the sea.

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Akande, Dapo. "International Law Immunities and the International Criminal Court". American Journal of International Law 98, n. 3 (luglio 2004): 407–33. http://dx.doi.org/10.2307/3181639.

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The tension between the protection of human rights and the demands of state sovereignty is reflected in the debate on whether state officials should be held responsible in external fora for international crimes committed while in office. This debate involves the interplay between two branches of international law. Firstly, there is the well-established law according immunities to the state and its agents from the jurisdiction of other states (state and diplomatic immunities). This law proceeds from notions of sovereign equality and is aimed at ensuring that states do not unduly interfere with other states and their agents. On the other hand, there are those newer principles of international law that are based on humanitarian values and define certain types of conduct as crimes under international law (international criminal law). One of the challenges in this latter area has been to develop international and national mechanisms by which individuals who commit these crimes may be held responsible. Since states often fail to institute domestic prosecution of their own officials and agents alleged to have committed international crimes, renewed attention has been paid to the possibility of subjecting state agents to prosecution in foreign domestic courts or in international courts. For such prosecution in foreign domestic courts to take place, it will usually have to be shown (1) that those courts have jurisdiction over crimes committed abroad by foreigners against foreigners (i.e..universalorquasi-universal jurisdiction),and (2) that such jurisdiction extends to state agents (i.e., that international law immunities are unavailable). Recent years have seen a significant increase in attempts to institute prosecutions for alleged international crimes in the national courts of states other than that where the acts occurred. However, it has not proved easy to establish the two propositions identified above. Indeed, it has become apparent that the views that states possess universal jurisdiction over international crimes committed abroad and that incumbent and former state officials are subject to foreign domestic prosecution for such crimes are by no means universally held.

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Bjorge, Eirik. "COMMON LAW RIGHTS: BALANCING DOMESTIC AND INTERNATIONAL EXIGENCIES". Cambridge Law Journal 75, n. 2 (2 maggio 2016): 220–43. http://dx.doi.org/10.1017/s0008197316000258.

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AbstractThe protection of human rights through common law principles and values has a greater potential than has been recognised hitherto. First, the adoption at common law of the proportionality test of interferences with rights shows that, when human rights are at issue, the courts will apply an exigent test, allowing interferences only if, amongst other things, a less intrusive measure could not have been used. Secondly, the principle of legality, along with common law constitutionalism as developed recently by the Supreme Court, now means that there is a common law pendant to the rule in s. 3(1) of the Human Rights Act 1998. Thirdly, in cases where the protection offered by the Act is displaced by obligations under the Charter of the United Nations, there is no displacement of common law rights, which continue to operate. Fourthly, common law rights are more open to the influences of the customary international law of human rights than are Convention rights. These factors combine to mean that the future of common law rights is an auspicious one.

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Thanh Huyen, Pham Thi. "The Relationship Between the International Law and the Domestic law of Vietnam". Russian Journal of Comparative Law 3, n. 1 (25 marzo 2015): 8–13. http://dx.doi.org/10.13187/rjcl.2015.3.8.

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Rossi, Pierfrancesco. "Using International Law for Construing Domestic Law: A Study of Consistent Interpretation". Archiv des Völkerrechts 58, n. 3 (2020): 279. http://dx.doi.org/10.1628/avr-2020-0017.

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Rikhof, Joseph, e Ashley Geerts. "Protected Groups in Refugee Law and International Law". Laws 8, n. 4 (22 ottobre 2019): 25. http://dx.doi.org/10.3390/laws8040025.

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The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how ‘membership in a particular social group’ (“MPSG”) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to domestic judicial interpretation and various analytical approaches taken in different countries, protection could be enhanced by amending the Refugee Convention to explicitly include additional protected groups from these other areas of international law, specifically international human rights law and international criminal law.

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Осминин, Борис, e Boris Osminin. "Constitutional Principles and Interaction of International and Domestic Law". Journal of Russian Law 2, n. 5 (16 aprile 2014): 105–16. http://dx.doi.org/10.12737/3467.

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The article highlights the different approaches of states in implementation of international law in their municipal realm. As a general rule, international law leaves states free to implement their international obligations in a way they see fit. A distinction is made between customary international law and treaty rules of international law in the practice of states. There exists a general duty for states to bring national law into conformity with their international obligations or to fulfil these obligations in another ways. In this regard all that international law provides is that states cannot invoke the provisions of their internal law as a justification for not complying with their international obligations. There is no international regulation as to how national systems are to give effect to international law rules. As a consequence each state decides on its own, how to make international law binding and what status and rank in the hierarchy of municipal sources of law assign to it. A survey of national systems shows a complete lack of uniformity. The article analyses provisions of Article 15(4) of the 1993 Russian Constitution which provides that “generally recognized principles and norms of international law and international treaties of the Russian Federation shall be an integral part of its legal system. If other rules have been established by an international treaty of the Russian Federation than provided for by a law, the rules of the international treaty shall apply”.

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Dunoff, Jeffrey L., e Joel P. Trachtman. "The Law and Economics of Humanitarian Law Violations in Internal Conflict". American Journal of International Law 93, n. 2 (aprile 1999): 394–409. http://dx.doi.org/10.2307/2997997.

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The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they better left to domestic law? Why does international legal doctrine distinguish between human rights violations committed in international conflict and the identical acts committed in internal conflict?

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Dalhuisen, Jan H. "Domestic Contract Laws, Uniform International Contract Law and International Contract Law Principles. International Sales and Contractual Agency". European Business Law Review 11, Issue 4 (1 luglio 2000): 200–315. http://dx.doi.org/10.54648/269056.

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46

Paparinskis, Martins. "Investors’ Remedies under EU Law and International Investment Law". Journal of World Investment & Trade 17, n. 6 (24 novembre 2016): 919–41. http://dx.doi.org/10.1163/22119000-12340022.

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Legal orders of international investment law and European Union law both provide remedies for investors. This article does not consider whether these remedies are available to the same actors in relation to the same conduct. The argument is limited to comparison of remedies under investment law, almost exclusively compensatory in character and implemented through investor-State arbitration, with remedies under EU law, particularly State liability claims in domestic courts. This comparison at the level of legal principle is not nonsensical – concepts of attribution, breach, rights, and causality do evoke somewhat similar considerations – but ultimately the extent of systemic differences as well as lack of information about crucial aspects of remedies make these matters incommensurable. It is not obvious that comparison of experience of States that have been addressees of both kinds of remedies is more illuminating than the comparison of principle.

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47

HURD, IAN. "The international rule of law and the domestic analogy". Global Constitutionalism 4, n. 3 (26 ottobre 2015): 365–95. http://dx.doi.org/10.1017/s2045381715000131.

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AbstractA surge in academic interest in the interaction of international law with international politics has recently raised the profile of the rule of law in global politics. The idea of an ‘international rule of law’ is central to many accounts of international order, and to both political science and legal scholarship. Despite its popularity, the concept is rarely defined or examined. This article considers the theory and practice of the international rule of law. It shows first that the international rule of law cannot be deduced from the conventional Anglo-American version of the rule of law in domestic legal theory, as sketched by Joseph Raz and others. It then considers two competing versions of a distinctly international concept of the rule of law, one based on a positivist theory of compliance and the other on a structurationist theory of practice. The former is more common in legal and political scholarship but the latter accounts better for the political power of international law in relation to states.

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Abebe, Tesfaye Abate. "The Synergies and Tension between International Trade Law and Environmental Law in Ethiopia". Mizan Law Review 16, n. 1 (30 settembre 2022): 159–96. http://dx.doi.org/10.4314/mlr.v16i1.6.

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The relationship between international trade law and environmental law is susceptible to divergent views. Trade liberalization and global competition among producers may result in efficient use of natural resources, or it may on the contrary impede regulatory interventions by the government to protect the environment that may lead to wider circulation of polluting substances. This article examines the linkages (synergies) and tension between international trade law and environmental law in Ethiopia. Relevant international, regional as well as domestic legal instruments have been investigated. Relevant literature has also been analysed. The research identifies that both the linkages (synergies) and contradictions have been incorporated in the international and domestic laws of Ethiopia. Thus, Ethiopia needs to work more on the balance between the promotion of trade and environmental protection in the context of sustainable development.

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49

Brown, Ronald C. "International Labor Standards versus China’s Domestic Law Barriers". International Labor Rights Case Law 8, n. 2 (7 luglio 2022): 108–11. http://dx.doi.org/10.1163/24056901-08020003.

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50

Аitbaeva, Zhyldyz Sagymbaevna, e Alina Abdulbek kyzy. "INTERACTION AND ROLE OF INTERNATIONAL AND DOMESTIC LAW". Bulletin of Osh State University 1, n. 3 (2021): 101–8. http://dx.doi.org/10.52754/16947452_2021_1_3_101.

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