Enforcing International Human Rights in Domestic CourtsBenedetto Conforti, Francesco Francioni The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law. |
Contents
NATIONAL COURTS AND THE INTERNATIONAL | 9 |
THE JURISPRUDENCE OF INTERNATIONAL HUMAN RIGHTS | 15 |
THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT | 37 |
THE APPLICATION BY ITALIAN COURTS OF HUMAN RIGHTS | 59 |
THE ROLE OF GERMAN COURTS IN THE ENFORCEMENT | 71 |
A REPORT ON THE ROLE OF FRENCH JUDGES IN | 111 |
DIRECT APPLICABILITY OF HUMAN RIGHTS CONVENTIONS | 149 |
THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT | 175 |
INTERNATIONAL HUMAN RIGHTS ADJUDICATION IN JAPAN | 223 |
INTERNATIONAL HUMAN RIGHTS LAW IN CANADIAN COURTS | 295 |
THE ROLE OF DOMESTIC COURTS IN THE ADJUDICATION | 329 |
THE ROLE OF THE COURTS OF THE UNITED STATES IN ASYLUM | 355 |
ORDERS AS AN OBSTACLE TO THE DOMESTIC ENFORCEMENT | 367 |
OVERCOMING THE HURDLE OF STATE IMMUNITY IN | 405 |
THE RIGHT OF ALIENS NOT TO BE SUBJECT TO SOCALLED | 441 |
| 449 | |
Other editions - View all
Enforcing International Human Rights in Domestic Courts Benedetto Conforti,Francesco Francioni Limited preview - 2021 |
Common terms and phrases
acts aliens argument Article Basic Law Bundesverfassungsgericht Charter China Civil and Political concerning Constitutional Court Convention on Human Court of Appeals Court of Cassation Court of Human Covenant on Civil crimes criminal customary international law customary law decision direct applicability doctrine domestic courts domestic law domestic legal effect enforcement European Convention European Court federal foreign freedom German courts Hanji human rights law human rights norms human rights treaties Ibid ICCPR ICESCR immunity implementation International Covenant international human international human rights international obligations international treaties interpretation Israeli Italian Japan Japanese courts Judgment judicial jurisdiction jurisprudence jus cogens legal order legal system legislation national courts national law non-refoulement official Political Rights principle protection provisions ratified recognised reference relevant rule self-executing sovereign immunity statutes superior orders Supra footnote supra note Supreme Court ternational tion tional law Tokyo District Court Tokyo High Court torture U.N. Doc United United Kingdom