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Research Handbook on International Law and Domestic Legal Systems
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
More Information
Critical Acclaim
Contents
More Information
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.
The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.
Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.
The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.
Critical Acclaim
‘This timely book explores the dynamic relationship between international and national legal orders, using it as a prism to assess global changes like multipolarity. Expert chapters discuss how such changes impact on national orders and, vice versa, how national practices in relation to international law shape such changes. Written by a diverse group of experts, the chapters make an excellent contribution to the field.’
– André Nollkaemper, University of Amsterdam, the Netherlands
‘This superb Handbook manages the difficult feat of providing fresh insights into the complex and contested relationships between international and domestic legal systems. The chapters skillfully integrate theoretical and doctrinal perspectives and, read together, greatly enrich our understandings of rapidly changing interactions among national, regional, and multilateral legal orders.’
– Jeffrey Dunoff, Temple University, US
– André Nollkaemper, University of Amsterdam, the Netherlands
‘This superb Handbook manages the difficult feat of providing fresh insights into the complex and contested relationships between international and domestic legal systems. The chapters skillfully integrate theoretical and doctrinal perspectives and, read together, greatly enrich our understandings of rapidly changing interactions among national, regional, and multilateral legal orders.’
– Jeffrey Dunoff, Temple University, US
Contents
Contents
Preface xiv
1 Introduction: the domestic and the international in context 1
Felix Lange, Helmut Philipp Aust and Heike Krieger
PART I IDEAS
2 Domestic politics and international relations 20
Andrew Hurrell
3 The ‘domestic’ and ‘international’: a brief conceptual history 37
Martin Clark
4 Domestic law and ‘civilized states’: the general principles of law revisited 57
Imogen Saunders and Ntina Tzouvala
5 Demands of the international on the domestic 78
Jure Vidmar
6 From domestic law to international law: the acceptance of domestic
legal rules between deference and autonomy 99
Paolo Palchetti
7 Analogizing the intersection of international law and domestic law: the
European and American experience 114
Russell A. Miller
PART II TECHNIQUES
8 International law-making: domestic channels to express consent to be bound 143
Thomas Kleinlein
9 International and national law: who has the last word? 166
Geir Ulfstein
10 International human rights and constitutional protections – towards
a presumption of compatibility 182
Tamar Hostovsky Brandes
11 Undermining, resisting or developing international law? Domestic
deviations from international law 200
Apollin Koagne Zouapet
12 The expansion of constitutional protections through international law 219
Praggya Surana
13 Conventionality control in the Inter-American system of human rights
and its reception in the Peruvian legal order 239
Natalia Torres Zúñiga
PART III PERSPECTIVES
14 Looking behind the façade of monism, dualism and pluralism 262
Dana Burchardt
15 International law and domestic law – a conflict of laws? 280
Ralf Michaels
16 Past and future of sovereign statehood 306
Andreas Paulus
17 International law and populist critique 333
Paul Blokker
18 Domestic governance as critique of international law: Beijing’s ‘SDG
authoritarianism’ and the contested future of human rights 352
Ryan Martínez Mitchell
19 International law in domestic legal systems and the future of universality 375
Congyan Cai
20 Cooperation and conflict: diverging trends in the relationship between
international and domestic law 397
Heike Krieger, Felix Lange and Helmut Philipp Aust
Preface xiv
1 Introduction: the domestic and the international in context 1
Felix Lange, Helmut Philipp Aust and Heike Krieger
PART I IDEAS
2 Domestic politics and international relations 20
Andrew Hurrell
3 The ‘domestic’ and ‘international’: a brief conceptual history 37
Martin Clark
4 Domestic law and ‘civilized states’: the general principles of law revisited 57
Imogen Saunders and Ntina Tzouvala
5 Demands of the international on the domestic 78
Jure Vidmar
6 From domestic law to international law: the acceptance of domestic
legal rules between deference and autonomy 99
Paolo Palchetti
7 Analogizing the intersection of international law and domestic law: the
European and American experience 114
Russell A. Miller
PART II TECHNIQUES
8 International law-making: domestic channels to express consent to be bound 143
Thomas Kleinlein
9 International and national law: who has the last word? 166
Geir Ulfstein
10 International human rights and constitutional protections – towards
a presumption of compatibility 182
Tamar Hostovsky Brandes
11 Undermining, resisting or developing international law? Domestic
deviations from international law 200
Apollin Koagne Zouapet
12 The expansion of constitutional protections through international law 219
Praggya Surana
13 Conventionality control in the Inter-American system of human rights
and its reception in the Peruvian legal order 239
Natalia Torres Zúñiga
PART III PERSPECTIVES
14 Looking behind the façade of monism, dualism and pluralism 262
Dana Burchardt
15 International law and domestic law – a conflict of laws? 280
Ralf Michaels
16 Past and future of sovereign statehood 306
Andreas Paulus
17 International law and populist critique 333
Paul Blokker
18 Domestic governance as critique of international law: Beijing’s ‘SDG
authoritarianism’ and the contested future of human rights 352
Ryan Martínez Mitchell
19 International law in domestic legal systems and the future of universality 375
Congyan Cai
20 Cooperation and conflict: diverging trends in the relationship between
international and domestic law 397
Heike Krieger, Felix Lange and Helmut Philipp Aust
