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Separating Powers: International Law before National Courts

  • Book
  • © 2013

Overview

Authors:
  1. David Haljan

    1. , Institute for Constitutional Law, University of Leuven, Leuven, Belgium

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  • The first major (and comparative) study of applying international law in domestic contexts from a constitutional and separation of powers perspective

  • Its approach to the issue from a constitutional law, rather than an international law, perspective highlights the problem areas preventing a seamless application of international law in domestic contexts

  • A significant effort in comparative law, collecting relevant cases and outlining judicial practice in two major non-English–speaking continental legal systems, and in the two major common law systems

  • Includes supplementary material: sn.pub/extras

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Table of contents (5 chapters)

  1. Front Matter

    Pages i-xiv
    Download chapter PDF

  2. Making Introductions

    • David Haljan
    Pages 1-12

  3. International Law and the Separation of Powers

    • David Haljan
    Pages 13-86

  4. Treaties and Law-Making Powers

    • David Haljan
    Pages 87-210

  5. Customary International Law and Judicial Power

    • David Haljan
    Pages 211-260

  6. Separating Powers?

    • David Haljan
    Pages 261-291

  7. Back Matter

    Pages 293-326
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Keywords

About this book

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Authors and Affiliations

  • , Institute for Constitutional Law, University of Leuven, Leuven, Belgium

    David Haljan

Bibliographic Information

  • Book Title: Separating Powers: International Law before National Courts

  • Authors: David Haljan

  • DOI: https://doi.org/10.1007/978-90-6704-858-3

  • Publisher: T.M.C. Asser Press The Hague

  • eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)

  • Copyright Information: © T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2013

  • Hardcover ISBN: 978-90-6704-857-6Published: 31 October 2012

  • Softcover ISBN: 978-90-6704-958-0Published: 09 November 2014

  • eBook ISBN: 978-90-6704-858-3Published: 30 October 2012

  • Edition Number: 1

  • Number of Pages: XIV, 326

  • Topics: Dispute Resolution, Mediation, Arbitration, Constitutional Law

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