Abstract
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. In his book, the author considers that specific issue and in this first chapter he introduces to the reader the framework at the basis of his research.
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Notes
- 1.
Discounting the former colonial situation, the Colonial Laws Validity Act (1865) 28 & 29 Vict. c.63 and appeals to the Privy Council.
- 2.
“Transnational law” being coined by Jessup.
- 3.
See, e.g., Slaughter 2004.
- 4.
Among the few, see e.g., the Alien Tort Claims Act (28 USC §1350), and the Uniform Code of Military Justice (50 USC).
- 5.
See, e.g., Bickel 1986 and Ely 1980 (regarding the US Supreme Court). And by way of contrast, Martin 2003 (speaking to the Canadian context of the Supreme Court of Canada and the Canadian Charter of Rights and Freedoms).
- 6.
See, e.g., Anghie 2007, also Anghie et al. 2004.
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© 2013 T.M.C.ASSER PRESS, The Hague, The Netherlands, and the authors
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Haljan, D. (2013). Making Introductions. In: Separating Powers: International Law before National Courts. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-858-3_1
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DOI: https://doi.org/10.1007/978-90-6704-858-3_1
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Publisher Name: T.M.C. Asser Press, The Hague, The Netherlands
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