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Gustave Klimt, Bauerngarten mit Sonnenblumen 1906. Österreichische Galerie Belvedere

The call for  papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:

Agora 2: National Law as a Generator of International Law 

 

 National law, both statutory and case-law, can influence international law in many ways. National law may serve as a template for treaties or lead to the development of customary law and, most importantly, national law may evidence general principles of law. Classic examples are the impact of the US Foreign Corrupt Practices Act on the OECD Anti-Bribery Convention or the Truman Proclamation’s influence on the customary international law of the continental shelf. A particularly fascinating role is played by domestic courts; their jurisprudence may take on a special law-making role as relevant state practice and, often at the same time, as opinio iuris evident in many immunity and extraterritorial jurisdiction cases.

This agora will address the various ways that national law and jurisprudence influence international law. What is the particular role of domestic courts? Does this role depend on national traditions? Is it shaped by transnational judicial dialogue or are courts in different states acting as isolated agents? How have international courts incorporated national law or national law concepts in their reasoning? How do international courts and tribunals ‘select’ the domestic case law on a particular matter?

The deadline for proposals for papers or posters is 15 January 2014.

Gustav Klimt, Allee im Park vor Schloß Kammer 1912. Österreichische Galerie Belvedere

The call for  papers or posters for the ESIL Vienna Conference on 4-6 September 2014 includes:

Agora 1: International Law as a Generator of National Law 

International law has greatly expanded. Today, almost all spheres of life regulated by law  are to some extent pre-determined by international law. Often international law even inspires national legislation that would otherwise possibly not exist at all. In some areas international law may substitute for domestic law. Global Law, Global Governance,  Global Administrative Law and International Public Authority discourses debate whether international law or some modification of international law is likely to make domestic law superfluous in some areas or whether it may rather generate more domestic law. This agora is intended to focus on the role of international law in the domestic sphere. What are the quantitative and qualitative features of the influence of international law at the national level? Are the traditional concepts of incorporation/application still adequate? Are states still able to mediate and control the impact of international law? Is domestic social change through international legislation possible? Is it desirable?

The deadline for proposals for papers or posters is 15 January 2014.