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科图分类法:
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D99/4 版次： |
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中图分类法:
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D99 版次： |
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著者:
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Peat, Daniel. |
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题名:
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Comparative reasoning in international courts and tribunals / / , |
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出版发行:
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出版地： Cambridge, United Kingdom : 出版社： Cambridge University Press, 出版日期： 2019. |
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载体形态:
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xxv, 258 p. ; 24 cm. |
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内容提要:
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"Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems."-- |
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主题词:
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International courts Rules and practice. |
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主题词:
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Law Methodology. |
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主题词:
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International and municipal law. |
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主题词:
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Comparative law. |
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主题词:
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Tribunaux internationaux R齟glements et proc齟dure. |
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主题词:
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Droit international et droit interne. |
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主题词:
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Droit compar齟. |
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索书号:
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D99/4 |