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International Courts and Domestic Politics

Edited by: Marlene Wind

ISBN13: 9781108448130
Published: February 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £36.99
Hardback edition , ISBN13 9781108427760



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International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.

  • Uses illustrative examples and cases to introduce lawyers and social scientists to an understanding of law in context and law in action
  • Analyses the actual reactions and political considerations confronting international courts case law
  • Demonstrates the force and impact of established international legal processes, but also the barriers they often encounter at the national level

Contents:
Introduction - Marlene Wind
1. Missing in action? The rare voice of international courts in domestic politics - Lisa Conant
Part I
2. What can financial markets tell us about international courts and deterrence? - Krzysztof Pelc and Jeffrey Kucik
3. The Strasbourg Court and domestic judicial politics - David Kosar
4. It's a good idea … isn't it? The impact of complementarity at the international criminal court on domestic law, politics and perceptions of sovereignty - Steven Freeland
5. Rights-protecting iCourts: the curious case of the OP-ICESCR - Benjamin Perryman
6. Re-assembling the French state via human rights: between human rights internationalism and political sovereignism - Mikael Rask Madsen
7. Impact through trust: the CJEU as a trust-enhancing institution - Juan A. Mayoral
Part II
8. Ideology and international human rights commitments in post-communist regimes: the cases of the Czech Republic and Slovakia - Katarína Šipulová, Jozef Janovský and Hubert Smekal
9. Escalation and interaction: international courts and domestic politics in the law of state immunity - Philippa Webb
10. National parliaments: obstacles or aid to the impact of international human rights bodies? - Jasper Krommendijk
11. The European Court of Human Rights and Swiss politics: how does the Swiss judge fit in? - Odile Ammann
12. The use of international jurisprudence by Israel's Supreme Court - Yaël Ronen
13. Laggards or pioneers? When Scandinavian avant-garde judges don't cite international case law: a methodological framework - Marlene Wind

Series: Studies on International Courts and Tribunals

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International Procedure in Interstate Litigation and Arbitration: A Comparative Approach ISBN 9781108845311
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Legitimacy of Unseen Actors in International Adjudication ISBN 9781108725286
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The Application of Teachings by the International Court of Justice ISBN 9781108844147
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Public Reason and Courts (eBook) ISBN 9781108801409
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Public Reason and Courts ISBN 9781108487351
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International Judicial Review: When Should International Courts Intervene? (eBook) ISBN 9781108808460
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International Judicial Review: When Should International Courts Intervene? ISBN 9781108488761
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Legitimacy and International Courts ISBN 9781108438520
Published January 2020
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The Legitimacy of International Trade Courts and Tribunals ISBN 9781108440295
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Human Rights Norms in `Other' International Courts (eBook) ISBN 9781108603676
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Human Rights Norms in `Other' International Courts ISBN 9781108499736
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Legitimacy of Unseen Actors in International Adjudication
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ISBN 9781108485852
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A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107442436
Published December 2018
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Judicial Dialogue and Human Rights
Edited by: Amrei Muller
ISBN 9781316625859
Published December 2018
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International Courts and Domestic Politics ISBN 9781108427760
Published July 2018
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International Courts and Domestic Politics (eBook) ISBN 9781108661973
Published July 2018
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The Legitimacy of International Criminal Tribunals ISBN 9781316509401
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The Performance of International Courts and Tribunals ISBN 9781108425698
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The Legitimacy of International Trade Courts and Tribunals ISBN 9781108424479
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The Performance of International Courts and Tribunals (eBook) ISBN 9781108604888
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Legitimacy and International Courts (eBook) ISBN 9781108540223
Published February 2018
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Legitimacy and International Courts ISBN 9781108423854
Published February 2018
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Judicial Dialogue and Human Rights
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ISBN 9781107173583
Published March 2017
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Judicial Dialogue and Human Rights (eBook)
Edited by: Amrei Muller
ISBN 9781316800355
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The Legitimacy of International Criminal Tribunals (eBook) ISBN 9781316942192
Published January 2017
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The Legitimacy of International Criminal Tribunals ISBN 9781107146174
Published January 2017
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A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107082090
Published October 2015
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