Domestic application of international law : focusing on direct applicability /
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| Author / Creator: | Iwasawa, Yūji, 1954- author. |
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| Imprint: | Leiden ; Boston : Brill Nijhoff, [2023] ©2023 |
| Description: | 1 online resource (xxix, 314 pages.) |
| Language: | English |
| Series: | International law in Japanese perspective, 0929-7111 ; volume 15 International law in Japanese perspective ; v. 15. |
| Subject: | |
| Format: | E-Resource Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/12885297 |
| Summary: | 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. |
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| Physical Description: | 1 online resource (xxix, 314 pages.) |
| Bibliography: | Includes bibliographical references (pages 281-307) and index. |
| ISBN: | 9789004523401 (electronic bk.) 9004523405 (electronic bk.) 9789004509863 9004509860 |
| ISSN: | 0929-7111 ; |