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Applying Municipal Law in International Disputes / Paul Stephan.

By: Material type: TextLanguage: English Series: The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye ; 56ISBN:
  • 9789004696105
Subject(s): Additional physical formats: Print version:: Applying Municipal Law in International Disputes.DDC classification:
  • 341/.09 23
LOC classification:
  • KZ1242
Online resources:
Contents:
Preliminary Material / Paul B. Stephan -- Introduction - Municipal law in international disputes / Paul B. Stephan -- Municipal law and general international law / Paul B. Stephan -- Municipal law in practice: jurisdiction of international dispute settlement bodies / Paul B. Stephan -- Municipal law in practice: rights and duties under international law / Paul B. Stephan -- The future of municipal law in international disputes / Paul B. Stephan -- Bibliography / Paul B. Stephan -- About the Author / Paul B. Stephan -- Publications of The Hague Academy of International Law / Paul B. Stephan.
Summary: The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
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Electronic Books CUTN Central Library 341/.09 (Browse shelf(Opens below)) Link to resource Available EB04511

Includes bibliographical references and index.

Preliminary Material / Paul B. Stephan -- Introduction - Municipal law in international disputes / Paul B. Stephan -- Municipal law and general international law / Paul B. Stephan -- Municipal law in practice: jurisdiction of international dispute settlement bodies / Paul B. Stephan -- Municipal law in practice: rights and duties under international law / Paul B. Stephan -- The future of municipal law in international disputes / Paul B. Stephan -- Bibliography / Paul B. Stephan -- About the Author / Paul B. Stephan -- Publications of The Hague Academy of International Law / Paul B. Stephan.

The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.

English

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