[eBook] [PDF] For The Engagement of Domestic Courts with International Law Comparative Perspectives 1st Edition By André Nollkaemper, Yuval Shany, Antonios Tzana

[eBook] [PDF] For The Engagement of Domestic Courts with International Law Comparative Perspectives 1st Edition By André Nollkaemper, Yuval Shany, Antonios Tzana

The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.

Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law.