MonographDOI
Domestic Application of International Law
TLDR
In this article , the domestic application of international law, with a particular focus on the concept of direct applicability, has been examined and a new analytical framework has been proposed to analyze the relevant doctrine and practice.Abstract:
This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach. read more
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Book ChapterDOI
Teaching the World Court Makes a Bad Case: Revisiting the Relationship Between Domestic Courts and the ICJ
TL;DR: The Italian Constitutional Court (ItCC) judgment of Sentenza 238/2014 as discussed by the authors highlights the important role domestic courts play in international law and argues that domestic courts should take a more active stance and overcome the purely interstate view that seems at odds with present-day international law.