Mads Andenas and Eirik Bjorge (eds), A Farewell to Fragmentation. Reassertion and Convergence in International Law, Cambridge University Press.
Mads Andenas and Duncan Fairgrieve (eds), Courts and Comparative Law, Oxford University Press.
These three books will be launched after a seminar in the Old Library at All Souls College, Oxford, see further information - with a drinks reception in the Harold Wilson Room, Jesus College, Oxford.
Eirik Bjorge, Domestic Application of the ECHR Courts as Faithful Trustees, Oxford University Press
Eirik Bjorge, Domestic Application of the ECHR Courts as Faithful Trustees, Oxford University Press. Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book examines the role of domestic courts as faithful trustees of the ECHR and provides an analysis of UK, French, and German jurisprudence on the ECHR. It considers the application of the ECHR by domestic courts to be carried out in good faith. – Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.
Mads Andenas and Eirik Bjorge (eds), A Farewell to Fragmentation. Reassertion and Convergence in International Law, Cambridge University Press. Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Mads Andenas and Duncan Fairgrieve (eds) Courts and Comparative Law, Oxford University Press. While the role of comparative law in the courts was previously only as an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. This book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence on comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. It also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law.