Enforcing international human rights in domestic courts / / edited by Benedetto Conforti and Francesco Francioni.

• Superior document: International Studies in Human Rights ; 49
• TeilnehmendeR: Conforti, Benedetto,; Francioni, Francesco,
• Place / Publishing House: The Hague, The Netherlands ;, Boston, Massachusetts : : Martinus Nijhoff Publishers,, [1997]; ©1997
• Year of Publication: 1997
• Language: English
• Series: International Studies in Human Rights ; 49.
• Physical Description: 1 online resource.

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.

Table of Contents

Intro -- Title Page -- Copyright Page -- Table of Contents -- FOREWORD -- CONTRIBUTORS -- PRINCIPAL ABBREVIATIONS -- PART I NATIONAL COURTS AND INTERNATIONAL HUMAN RIGHTS: -- 1. NATIONAL COURTS AND THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 2. THE JURISPRUDENCE OF INTERNATIONAL HUMAN RIGHTS ENFORCEMENT: REFLECTIONS ON THE ITALIAN EXPERIENCE -- PART II COMPARATIVE MODELS FOR NATIONAL ENFORCEMENT: -- 3. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS: THE UNITED KINGDOM -- 4. THE APPLICATION BY ITALIAN COURTS OF HUMAN RIGHTS TREATY LAW -- 5. THE ROLE OF GERMAN COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 6. A REPORT ON THE ROLE OF FRENCH JUDGES IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 7. THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS BY THE JUDICIARY: NEW TRENDS IN THE LIGHT OF THE CHILEAN EXPERIENCE -- 8. DIRECT APPLICABILITY OF HUMAN RIGHTS CONVENTIONS WITHIN THE INTERNAL LEGAL ORDER: THE SITUATION IN ARGENTINA -- 9. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS-A VIEW FROM AUSTRIA -- 10. INTERNATIONAL HUMAN RIGHTS STANDARDS IN NATIONAL LAW: THE JURISPRUDENCE OF THE UNITED STATES -- 11. THE ATTITUDE OF THE SUPREME COURT OF ISRAEL TOWARDS THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 12. INTERNATIONAL HUMAN RIGHTS ADJUDICATION IN JAPAN -- 13. INTERNATIONAL HUMAN RIGHTS LAW IN CANADIAN COURTS -- 14. THE ROLE OF DOMESTIC COURTS IN THE ADJUDICATION OF INTERNATIONAL HUMAN RIGHTS: A SURVEY OF THE PRACTICE AND PROBLEMS IN CHINA -- PART III CONTROVERSIAL ISSUES: -- 15. THE ROLE OF THE COURTS OF THE UNITED STATES IN ASYLUM CASES -- 16. IMMUNITY OF STATE ORGANS AND DEFENCE OF SUPERIOR ORDERS AS AN OBSTACLE TO THE DOMESTIC ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS.

17. OVERCOMING THE HURDLE OF STATE IMMUNITY IN THE DOMESTIC ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 18. THE RIGHT OF ALIENS NOT TO BE SUBJECT TO SO-CALLED "EXCESSIVE" CIVIL JURISDICTION -- INDEX OF CASES -- International Studies in Human Rights.