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The Role of Domestic Courts in Treaty Enforcement
A Comparative Study

$118.00

David Sloss, Sean D. Murphy, Donald R. Rothwell, Gib Van Ert, Xue Hanqin, Jin Qian, Andreas Paulus, Nihal Jayawickrama, David Kretzmer, Andre Nollkaemper, Lech Garlicki, Małgorzata Masternak-Kubiak, Krzysztof Wójtowicz, William E. Butler, John Dugard, Anthony Aust, Michael P. Van Alstine
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  • Date Published: October 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521877305

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  • This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight of the twelve countries – Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom – generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States. In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. U.S. courts’ reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

    • Provides a comparative analysis of the role played by domestic courts in the application of treaties
    • Shows that domestic courts in many countries actually do enforce treaty-based rights on behalf of private parties
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    Product details

    • Date Published: October 2009
    • format: Hardback
    • isbn: 9780521877305
    • length: 656 pages
    • dimensions: 234 x 159 x 35 mm
    • weight: 1.01kg
    • contains: 14 tables
    • availability: In stock
  • Table of Contents

    1. Introduction David Sloss
    2. Does international law obligate states to open their national courts to persons for the invocation of treaty norms that protect or benefit persons? Sean D. Murphy
    3. Australia Donald R. Rothwell
    4. Canada Gib Van Ert
    5. China Xue Hanqin and Jin Qian
    6. Germany Andreas Paulus
    7. India Nihal Jayawickrama
    8. Israel David Kretzmer
    9. Netherlands Andre Nollkaemper
    10. Poland Lech Garlicki, Małgorzata Masternak-Kubiak and Krzysztof Wójtowicz
    11. Russia William E. Butler
    12. South Africa John Dugard
    13. United Kingdom Anthony Aust
    14. United States David Sloss
    15. The role of domestic courts in treaty enforcement: summary and conclusions Michael P. Van Alstine.

  • Editor

    David Sloss, Santa Clara University, School of Law
    fm.author_biographical_note1

    Contributors

    David Sloss, Sean D. Murphy, Donald R. Rothwell, Gib Van Ert, Xue Hanqin, Jin Qian, Andreas Paulus, Nihal Jayawickrama, David Kretzmer, Andre Nollkaemper, Lech Garlicki, Małgorzata Masternak-Kubiak, Krzysztof Wójtowicz, William E. Butler, John Dugard, Anthony Aust, Michael P. Van Alstine

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