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Synopsis: States that are in transition following a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines the detailed attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The book contains case studies of the role of domestic courts in various post-conflict and transitional situations: the Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda. Each of these case studies examines questions relating to: the exact constitutional moment that empowers domestic courts to apply international law * the range of international legal norms that are applied * the involvement of international actors in bringing about change * the contextualization of international legal norms in States in transition * tension within such States as a result of the application of international law * the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment. (Series: Series on Transitional Justice - Vol. 9)
About the Author: Edda Kristjansdottir, member of the Faculty of Public International Law, Amsterdam Center for International Law, University of Amsterdam. Andre Nollkaemper, Professor of Public International Law, Amsterdam Center for International Law, University of Amsterdam. Cedric Ryngaert, Assistant Professor of International Law, Leuven University; Associate Professor of International Law, Utrecht University.
Title: International Law in Domestic Courts - Rule ...
Publication Date: 2012
Book Condition: New
Book Description Intersentia, 2012. Hardcover. Condition: Used: Good. Seller Inventory # SONG1780680414