UID:
almahu_9948639810502882
Format:
1 online resource (xiii, 335 pages) :
,
digital, PDF file(s).
ISBN:
9781839700729 (ebook)
Series Statement:
Series on transitional justice ; v. 9
Content:
States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail 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 volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering 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, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.
Note:
Title from publisher's bibliographic system (viewed on 18 Dec 2020).
,
Introduction / Edda Kristjánsdóttir, André Nollkaemper, and Cedric Ryngaert -- Lost in translation? : domestic courts, international law and rule of law "a la carte" / Stéphane Beaulac -- International law in the Russian courts in transitional situations / Sergei Yu. Marochkin -- Thickening the rule of law in transition : the constitutional entrenchment of economic and social rights in South Africa / Evelyne Schmid -- Judicial activism and the use of international law as a gap-filler in domestic law : the case of forced disappearances committed during the armed conflict in Nepal / Rishikesh Wagle -- International law and Iraqi courts / Haider Ala Hamoudi -- Constitutionalism without governance : international standards in the Afghan legal system / Ebrahim Afsah -- Understandings of international law in Rwanda : a contextual approach / Nicola Palmer -- Virtuous flexibility : the application of international human rights norms by the Bosnian Human Rights Chamber / Antoine Buyse -- War Crimes Chamber of the Court of Bosnia and Herzegovina : seeding "international standards of justice"? / Katerina Uhlířová -- Prosecution of war crimes in Bosnian cantonal and district courts : the role of the rule of law / Sanja Popovic -- War crimes prosecution in a post-conflict era and a pluralism of jurisdictions : the experience of the Belgrade War Crimes Chamber / Sharon Weill and Ivan Jovanović -- The treatment of occupation legislation by courts in liberated territories / Eyal Benvenisti and Michal Saliternik -- The use and abuse of international law : choice of applicable criminal law in post-conflict East Timor / Yaël Ronen -- Concluding observations / Edda Kristjánsdóttir, André Nollkaemper, and Cedric Ryngaert.
Additional Edition:
Print version: ISBN 9781780680415
Language:
English
URL:
https://www.cambridge.org/core/product/identifier/9781839700729/type/BOOK
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