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Using International Law in Domestic Courts [Hardcover]

Shaheed Fatima (Author)


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Book Description

October 31, 2005 1841135151 978-1841135151
International law is increasingly referred to and utilized in English courts, in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, currently there is no book on the market, whether a practitioner text or otherwise, which addresses this subject matter in detail. Using International Law in Domestic Courts presents in a distilled format the relevant principles of law and their application in this area. It provides a guide to relevant international instruments and the ways in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Editorial Reviews

Review

For the busy practitioner this book will prove an invaluable tool because not only are the citations present but also extracted - case book style - are the key passages that will be neededan indispensable work that does something new, original and different to all the main textbooks on international law. Shaheed Fatima has rightly identified an unfulfilled legal need and meets it.Mark StephensNew Law Journal155 NLJ 1667; 4 Nov. 05; 2005Fatima's book is a vital contribution. It can assist the work of international and regional organisations involved in training programmes for judges, prosecutors and public defence lawyers in an effort to familiarise them with international law preceptsan important addition to the bookshelf. Its fascinating and comprehensive overview of the UK experience, which can be extended to a wide variety of settings, is welcome. Agata FijalkowskiThe King's College Law Journal, Vol 17, Issue 12006a remarkable survey of recent casesFatima guides the reader through this immense body of case law with layers of meticulous subheadings prefaced by instructive commentary. The result is an impressive compilation for which practitioners in particular will be grateful.Gib Van ErtThe Cambridge Law JournalVolume 65, July 2006It is difficult to think of anyone better qualified than Shaheed Fatima to write [this book. She has been immersed in the subject, as academic, in-house adviser and private practitionerThis book will prove invaluable to practitioners and judgesAbove all, it does justice to the full range of the kinds of legal proceedings in which international law points may have to be considered, from aviation law to employment law and family law.Rabinder Singh QCJudicial ReviewMarch 2006...an invaluable source for both newcomers to the area and experienced practitioners...The author's scholarship is extremely impressive: it seems that no domestic case containing any discussion of international law has escaped, and the domestic cases are supplemented by numerous international and comparative examples...Using International Law in Domestic Courts is an important book and achieves its aims of providing a clear, accessible but comprehensive reference point for the increasing number of lawyers whose practice raises questions of international law.Alison MacdonaldEuropean Human Rights Law Review

About the Author

Shaheed Fatima is a Barrister at Blackstone Chambers, London. In February 2009 she will be a visiting lecturer in law at Harvard Law School.

Product Details

  • Hardcover: 447 pages
  • Publisher: Hart Publishing (October 31, 2005)
  • Language: English
  • ISBN-10: 1841135151
  • ISBN-13: 978-1841135151
  • Product Dimensions: 9.2 x 6.2 x 1.3 inches
  • Shipping Weight: 1.8 pounds
  • Amazon Best Sellers Rank: #5,465,863 in Books (See Top 100 in Books)

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unincorporated treaty obligations, unincorporated treaties, interpretative command, construing article, comparative case law, incorporating statutes, construing section, international carriage, piracy jure gentium, domestic case law, interpretative effect, designated derogation, construing legislation, ary international law, interpretative obligation, determining refugee status, ambiguity requirement, explanatory report, constitutional case law, domestic courts, express statutory provisions, domestic law, travaux préparatoires, international law obligations, state immunity
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Secretary of State, United Kingdom, Lord Steyn, Lord Hope, Refugee Convention, Lord Bingham, European Convention, Vienna Convention, Warsaw Convention, Human Rights Act, International Covenant, Lord Hoffmann, Lord Nicholls, Bow Street Magistrate, Brussels Convention, Lord Diplock, United States, Lord Wilberforce, Hague Convention, Lord Slynn, Hague Rules, Lord Denning, Immigration Officer, Lugano Convention, Universal Declaration
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