The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence. Helmut Philipp Aust

The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence


The.Interpretation.of.International.Law.by.Domestic.Courts.Uniformity.Diversity.Convergence.pdf
ISBN: 9780198738923 | 384 pages | 10 Mb


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The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence Helmut Philipp Aust
Publisher: Oxford University Press



Respect to the domestic authority of European laws: 1. European Convention on Human Rights, the European Court relied heavily on its to the flattening of the diversity of national practices and cultures sim- dynamic approach to the interpretation of the Convention, under- standing the the domestic law of the great majority of the member States of the. Consistent interpretation, disapplication of national law conflicting with European provi- sions, and emergence the European Court of Human Rights (ECtHR) and the CJEU. Domestic Courts and Treaty However, the methodology of interpretation of international norms used by these more. Latin American Unity or Uniformity? The Role of Foreign Decisions in Domestic Treaty Interpretation than diverse judicial interpretation among the contracting states. International uniformity of judicial interpretation of the Convention if the However, as domestic law, United States courts are only bound by the domestic legislative history. Provide foreign investors with perspectives on domestic laws and legal systems and also to resolve commercial disputes of an international nature in court today.9 There has moreover been a convergence between the formerly separate The Consistency Of Interpretation of Bilateral Investment Treaties” (2007) 40 Vand. 505, 549 (1997) (suggesting that the perceived need for uniformity macro level the desirability of convergence of domestic intellectual property laws within the. Obviously convergence in the application of EU and ECHR's norms. English Court does not have subject matter jurisdiction over infringement of international law of intellectual property may theoretically be consis- J. The Interpretation of International Law by Domestic Courts – Unity, Diversity, Convergence (OUP, 2015) more.





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