Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-45s75 Total loading time: 0.536 Render date: 2021-11-28T00:33:35.302Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

1 - Treaty Enforcement in Domestic Courts: A Comparative Analysis

Published online by Cambridge University Press:  06 January 2010

David Sloss
Affiliation:
Professor of Law and Director, Center for Global Law and Policy Santa Clara University School of Law
David Sloss
Affiliation:
Santa Clara University, School of Law
Get access

Summary

International law today is not confined to regulating the relations between the states. Its scope continues to extend. Today matters of social concern, such as health, education, and economics apart from human rights fall within the ambit of international regulations. International law is more than ever aimed at individuals.

This book presents a comparative analysis of the role of domestic courts in treaty application. In evaluating the role of domestic courts, it is helpful to distinguish among three types of treaty provisions. Horizontal treaty provisions regulate relations between states; vertical provisions regulate relations between states and private parties; and transnational provisions regulate relations among private parties that cut across national boundaries. Domestic courts are rarely invited to apply horizontal treaty provisions. However, private parties frequently seek access to domestic courts to vindicate rights that arise from vertical and/or transnational treaty provisions.

The use of treaties to regulate vertical and transnational relationships is not a new phenomenon. Two centuries ago, Chief Justice Marshall, writing for the U.S. Supreme Court, declared: “Each treaty stipulates something respecting the citizens of the two nations, and gives them rights. Whenever a right grows out of, or is protected by, a treaty, it is sanctioned against all the laws and judicial decisions of the states; and whoever may have this right, it is to be protected.” Although states have used treaties to regulate transnational and vertical relationships for centuries, there has been an exponential growth in treaty making in this area over the past few decades.

Type
Chapter
Information
The Role of Domestic Courts in Treaty Enforcement
A Comparative Study
, pp. 1 - 60
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Sloss, David, When Do Treaties Create Individually Enforceable Rights? 45 Colum. J. Trans'l L.20 (2006)Google Scholar
Sloss, David, Non-Self-Executing Treaties: Exposing a Constitutional Fallacy, 36 U.C. Davis L. Rev.1 (2002)Google Scholar
Sloss, David, Schizophrenic Treaty Law 43 Tex. Int. L.J.15 (2007)Google Scholar
Kahn, Jeffrey, Vladimir Putin and the Rule of Law in Russia, 36 Ga. J. Int'l & Comp. L.511, 546 (2008)Google Scholar
Caron, David D., The ILC Articles on State Responsibility: The Paradoxical Relationship between Form and Authority, 96 Am. J. Int'l L.857, 871 (2002)CrossRefGoogle Scholar
Vazquez, Carlos Manuel, Treaty-Based Rights and Remedies of Individuals, 92 Colum. L. Rev.1082 (1992)CrossRefGoogle Scholar
Nollkaemper, André, Internationally Wrongful Acts in Domestic Courts, 101 AJIL 760, 782 (2007)Google Scholar
Shelton, Dinah, Righting Wrongs: Reparations in the Articles on State Responsibility, 96 AJIL 833, 834 n.8 (2002)Google Scholar
Crawford, James, The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect, 96 AJIL 874, 887 (2002)Google Scholar
1
Cited by

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×