Domestic Application of International Law : : Focusing on Direct Applicability / / Yuji Iwasawa.

• Superior document: International Law in Japanese Perspective ; 15
• VerfasserIn: Iwasawa, Yuji,
• Place / Publishing House: Leiden ;, Boston : : Brill | Nijhoff,, 2022.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Series: International Law in Japanese Perspective ; 15.
• Physical Description: 1 online resource (344 pages)
• Other title: Focusing on Direct Applicability
• Bibliography: Includes bibliographical references and index.
• ISBN: 9789004523401
• Hierarchical level: Monograph
• Statement of Responsibility: Yuji Iwasawa.

This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework. Domestic Application of International Law 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, inter alia, the following: direct applicability is a question of domestic law; international law is presumed to be directly applicable; the criteria for direct applicability are grounds to exclude rather than establish direct applicability; the positive intent of the parties should not be considered a criterion; domestic legal force is a prerequisite for direct applicability; a relative approach to direct applicability should be adopted.