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This book examines whether domestic courts in twelve countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
List of contents
1. Introduction David Sloss; 2. Does international law obligate states to open their national courts to persons for the invocation of treaty norms that protect or benefit persons? Sean D. Murphy; 3. Australia Donald R. Rothwell; 4. Canada Gib Van Ert; 5. China Xue Hanqin and Jin Qian; 6. Germany Andreas Paulus; 7. India Nihal Jayawickrama; 8. Israel David Kretzmer; 9. Netherlands Andre Nollkaemper; 10. Poland Lech Garlicki, Mägorzata Masternak-Kubiak and Krzysztof Wójtowicz; 11. Russia William E. Butler; 12. South Africa John Dugard; 13. United Kingdom Anthony Aust; 14. United States David Sloss; 15. The role of domestic courts in treaty enforcement: summary and conclusions Michael P. Van Alstine.
About the author
Professor Sloss joined the faculty of Santa Clara University in 2008. He was a faculty member at Saint Louis University School of Law from 1999 to 2008. During his academic career, Professor Sloss has published approximately two dozen law review articles. Before embarking on an academic career, Professor Sloss spent nine years as a civil servant in the US government. During that time, he participated in drafting and negotiating several important treaties and other international agreements. Professor Sloss earned his J.D. from Stanford Law School and his M.P.P. from Harvard University.
Summary
This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight countries do enforce treaty-based rights, whereas the other four countries reveal mixed evidence.
