The Role of Domestic Courts in Treaty Enforcement: A Comparative Study

doi:10.1017/CBO9780511635458

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. US courts' reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-xviii
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Contributors
pp xix-xxiv
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Preface
pp xxv-xxvi
- By David Sloss, Santa Clara, California
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Acknowledgments
pp xxvii-xxx
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1 - Treaty Enforcement in Domestic Courts: A Comparative Analysis
pp 1-60
- By David Sloss, Professor of Law and Director, Center for Global Law and Policy Santa Clara University School of Law
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2 - Does International Law Obligate States to Open Their National Courts to Persons for the Invocation of Treaty Norms That Protect or Benefit Persons?
pp 61-119
- By Sean D. Murphy, Patricia Roberts Harris Research Professor of Law George Washington University Law School
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3 - Australia
pp 120-165
- By Donald R. Rothwell, Professor of International Law, ANU College of Law, Australian National University, Canberra, Australia
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4 - Canada
pp 166-208
- By Gib van Ert, Associate, Hunter Litigation Chambers, Vancouver
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5 - Germany
pp 209-242
- By Andreas L. Paulus, Professor of Public and International Law; Director, Institute of International and European Law, University of Göttingen, Germany
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6 - India
pp 243-272
- By Nihal Jayawickrama, Formerly Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan and Associate Professor of Law at the University of Hong Kong
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7 - Israel
pp 273-325
- By David Kretzmer, Bruce W. Wayne Professor Emeritus of International Law, Hebrew University of Jerusalem; Professor of Law, Transitional Justice Institute, University of Ulster, and Academic Center of Law and Business, Ramat Gan
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8 - The Netherlands
pp 326-369
- By André Nollkaemper, Professor of Public International Law Faculty of Law of the Universiteit van Amsterdam
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9 - Poland
pp 370-409
- By Lech Garlicki, Judge of the European Court of Human Rights, Former Judge of the Constitutional Court of Poland, Małgorzata Masternak-Kubiak, Professor of the University of Wrocław, Judge of the Regional Administrative Court, Krzysztof Wójtowicz, Professor of the University of Wrocław, Former Vice President of the University
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10 - Russian Federation
pp 410-447
- By William E. Butler, John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University
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11 - South Africa
pp 448-475
- By John Dugard, Honorary Professor of Law, Centre for Human Rights, University of Pretoria; Professor Emeritus, University of Leiden
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12 - United Kingdom
pp 476-503
- By Anthony Aust, Former Deputy Legal Adviser, Foreign and Commonwealth Office
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13 - United States
pp 504-554
- By David Sloss, Professor of Law and Director, Center for Global Law and Policy Santa Clara University School of Law
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14 - The Role of Domestic Courts in Treaty Enforcement: Summary and Conclusions
pp 555-614
- By Michael P. Van Alstine, Professor of Law and Associate Dean for Faculty Development University of Maryland School of Law
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Index
pp 615-626
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The Role of Domestic Courts in Treaty Enforcement

A Comparative Study

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Contents

Frontmatter
pp i-iv

Contents
pp v-xviii

Contributors
pp xix-xxiv

Preface
pp xxv-xxvi

Acknowledgments
pp xxvii-xxx

1 - Treaty Enforcement in Domestic Courts: A Comparative Analysis
pp 1-60

2 - Does International Law Obligate States to Open Their National Courts to Persons for the Invocation of Treaty Norms That Protect or Benefit Persons?
pp 61-119

3 - Australia
pp 120-165

4 - Canada
pp 166-208

5 - Germany
pp 209-242

6 - India
pp 243-272

7 - Israel
pp 273-325

8 - The Netherlands
pp 326-369

9 - Poland
pp 370-409

10 - Russian Federation
pp 410-447

11 - South Africa
pp 448-475

12 - United Kingdom
pp 476-503

13 - United States
pp 504-554

14 - The Role of Domestic Courts in Treaty Enforcement: Summary and Conclusions
pp 555-614

Index
pp 615-626

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The Role of Domestic Courts in Treaty Enforcement

A Comparative Study

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