Table of Cases;
List of Abbreviations;
List of Contributors;
PAER 1: INTRODUCTION:
1. Engagement of Domestic Courts with International Law: Principled or Unprincipled?;
A. Introduction;
B. The Premise of the ILA Study;
C. The Legal Context for Engagement;
D. The Main Patterns of Engagement;
E. Concluding Remarks;
PART 2: NATIONAL AND REGIONAL THEMES:
2. Engagement of Domestic Courts with International Law in Anglophone Africa;
A. Introduction;
B. Ratified Treaties;
C. Unratified Treaties, Comparative Case Law, and Soft Law;
D. Customary International Law;
E. Hierarchy;
F. Conclusion;
3. Engagement of South African Domestic Courts with International Law;
A. Introduction;
B. Relevant Constitutional Provisions;
C. Techniques of Alignment;
D. Techniques of Avoidance;
E. Conclusion;
4. Engagement of Chinese Courts with International Law;
A. Introduction;
B. The Status of International Treaties in the Chinese Legal System;
C. The Practice of Chinese Courts;
D. Conclusion;
5. Engagement of Israel’s Supreme Court with International Law;
A. The Status of International Law in the Israeli Legal System;
B. What Determines the Engagement of the Israeli Supreme Court with International Law?;
C. The Practice of the Israeli Supreme Court;
D. Conclusion;
6. Engagement of Sri Lanka’s Supreme Court with International Law in its Fundamental Rights Jurisdiction;
A. Introduction;
B. The Status of International Law in the Sri Lankan Legal System;
C. Engagement with International Law;
D. Conclusion;
7. Engagement of Argentina’s Supreme Court with International Law;
A. Introduction;
B. The Era of Affirmative Avoidance (1853–1992);
C. The Era of Transition (1992–1994);
D. The Era of Overriding Alignment (1994–2017);
E. A New Era, or Simply a Pause? (2017);
F. Conclusion;
8. Engagement of Canadian Courts with International Law;
A. Introduction;
B. The Status of International Law in the Canadian Legal System;
C. Engagement with International Law in Canadian Practice;
D. Conclusion;
9. Engagement of United States Courts with International Law;
A. Introduction;
B. International Law in the United States Legal System;
C. Practice of United States Courts;
D. Conclusion;
10. Engagement of Albanian Courts with International Law;
A. Introduction;
B. The Status of International Law in the Albanian Legal System;
C. The Practice of Albanian Courts;
D. Conclusion;
11. Engagement of Belgian Courts with International Law;
A. General Features of the Constitutional Framework in Belgium;
B. Alignment Techniques;
C. Avoidance Techniques;
D. Contestation Techniques;
E. Conclusion;
12. Engagement of English Courts with International Law;
A. Increasing Engagement of English Courts with International Law;
B. Practice of English Courts;
C. Blunting/Moderating Techniques and Foreign Relations;
D. Conclusion;
13. Engagement of Kosovo’s Domestic (Internationalized) Courts with International Law;
A. Introduction;
B. Internationalization of Kosovo Domestic Courts;
C. Practice of Kosovo Domestic Courts;
D. Conclusion;
PART 3: CROSS-CUTTING THEMES:
14. Engagement of Swiss Courts with International Law;
A. Introduction;
B. The Status of International Law in the Swiss Legal Order;
C. Avoiding Engagement of Courts with International Law;
D. Aligning Statutory Law with International Law—or Refusing to Do So;
E. Muddling through the Jungle of Non-Aligned Constitutional Law;
F. Conclusion;
15. Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies;
A. Introduction;
B. The Practice of Domestic Courts;
C. Bindingness as Normative Basis for Judicial Engagement;
D. Persuasiveness as Normative Basis for Judicial Engagement;
E. Conclusion;
16. A Paradoxical Engagement: International Investment Law and Arbitration before Domestic Courts;
A. Introduction: Two Paradoxes;
B. Instruments of Alignment: Enforcement and Beyond;
C. Instruments of Contestation: Challenge and Beyond;
D. European Union Law and International Investment Law before Domestic and EU Courts;
E. International Investment Arbitration, Domestic Courts, and General International Law—Towards the Second Paradox;
F. Conclusion;
17. Engagement of Domestic Courts with International Humanitarian Law;
A. Introduction;
B. Misuse of the Law—the Apologist Role of Courts;
C. The Use of Avoidance Doctrines;
D. Deference to the Executive;
E. Normative Application of the Law: Alignment with International Humanitarian Law;
F. Activism in Domestic Courts;
G. Conclusion;
18. ‘Amp Up and Amplify: Defy!’: Engagement of Domestic Courts with International Sanctions;
A. Introduction;
B. Terminological Clarifications and Legal Framework;
C. Alignment(-cum-Contestation);
D. Contestation(-cum-Alignment);
E. Conclusion;
Annex;
International Law Association Johannesburg Conference (2016): (Study Group on) Principles on the Engagement of Domestic Courts with International Law;
Index.

"The volume is driven by two parallel trends that can be witnessed across the world. On the one hand, the traditional dividing lines between national and international law norms and institutions have blurred to a considerable extent. On the other hand, the practice of domestic courts that operate in this new context can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law"-- Provided by publisher.