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

Hardcover

ISBN 10: 052187730X ISBN 13: 9780521877305

Publisher: Cambridge University Press, 2009

Synopsis

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

About this title

Book Description:

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 countries do enforce treaty-based rights, whereas the other four countries reveal mixed evidence.

About the Author:

Professor Sloss joined the faculty of Santa Clara University in 2008. He was a faculty member at Saint Louis University School of Law from 1999 to 2008. During his academic career, Professor Sloss has published approximately two dozen law review articles. Before embarking on an academic career, Professor Sloss spent nine years as a civil servant in the US government. During that time, he participated in drafting and negotiating several important treaties and other international agreements. Professor Sloss earned his J.D. from Stanford Law School and his M.P.P. from Harvard University.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2009
• ISBN 10: 052187730X
• ISBN 13: 9780521877305
• Binding: Hardcover
• Number of pages: 656
• Editor: Sloss David