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The Resource The role of national courts in applying international humanitarian law, Sharon Weill

The role of national courts in applying international humanitarian law, Sharon Weill

Label
The role of national courts in applying international humanitarian law
Title
The role of national courts in applying international humanitarian law
Statement of responsibility
Sharon Weill
Creator
Subject
Language
eng
Summary
Evaluates how domestic courts have interpreted and applied international humanitarian law, and shows how their interpretations can differ Establishes a methodology to critically assess the actions of domestic courts on a scale from acting as apologists for the use of force to actively promoting and enhancing international humanitarian law Provides a detailed analysis of several key jurisdictions as case studies: the UK, US, Canada, Italy, Israel, and Serbia, and investigates how their rulings demonstrate the approach taken by each court International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law.--
Member of
Assigning source
Provided by Publisher
Cataloging source
UKMGB
http://library.link/vocab/creatorName
Weill, Sharon
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
International law in domestic legal orders
http://library.link/vocab/subjectName
  • Humanitarian law
  • International courts
Label
The role of national courts in applying international humanitarian law, Sharon Weill
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:388118/one
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
  • Introduction
  • The apologist role of national courts : legitimizing (illegal) state policy
  • The avoiding role of national courts : law as a political doctrine
  • The normative role of national courts : from deferring to limiting
  • The twilight zone of utopia : judges as law developers
  • Conclusion
Control code
FIEb17545171
Dimensions
24 cm.
Edition
First edition.
Extent
xviii, 221 pages
Isbn
9780199685424
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)878853312
Label
The role of national courts in applying international humanitarian law, Sharon Weill
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:388118/one
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
  • Introduction
  • The apologist role of national courts : legitimizing (illegal) state policy
  • The avoiding role of national courts : law as a political doctrine
  • The normative role of national courts : from deferring to limiting
  • The twilight zone of utopia : judges as law developers
  • Conclusion
Control code
FIEb17545171
Dimensions
24 cm.
Edition
First edition.
Extent
xviii, 221 pages
Isbn
9780199685424
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)878853312

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