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Oxford Reports on International Law in Domestic Courts

Overview

Oxford Reports on International Law in Domestic Courts (ILDC) covers international law as applied in the domestic courts of around 70 jurisdictions. The geographical scope is intended to be as broad as possible; ILDC currently reports on countries from every continent in the world and continues to add new reporters and new jurisdictions.

The policy for ILDC has been to focus first on relevant cases from 2000 to the present for each jurisdiction, and then to work back through decisions of earlier years to increase the size of the archive. Occasionally, ILDC reports on much earlier cases if they are very important for the development of international law jurisprudence in a particular jurisdiction.

ILDC policy is to cover case law not only from states but also from certain territorial entities that are not generally classified as states. This is done in recognition of the fact that judicial decisions of such entities can be of interest to international lawyers, as recognized by the International Court of Justice and the European Court of Human Rights, amongst others. Publication of judicial decisions from such territorial entities does not reflect an opinion as to whether these entities should or should not be classified as states.

Case Selection Criteria

Cases are selected for inclusion in ILDC according to two broad criteria:

  1. Decisions which are relevant to the identification and interpretation of rules of international law, specifically
    • Cases which are expected to be cited in international courts, the domestic courts of other jurisdictions, or in scholarly work, as authority for a particular point of international law.
    • Cases which point to the development of new (interpretations of) international legal principles, or confirm well-established rules of international law.
    • Cases which address a point of international law that is controversial or may be changing.
  2. Decisions which are relevant to the reception and application of international law by states in their national legal orders, including:
    • Cases which are of particular importance for the way in which international law is applied in a particular country, such as new approaches to the interpretation of national law in the light of international law or new approaches to effectuating judgments of international courts, or
    • Cases in which the method of reception is of interest in a comparative perspective because it differs from what is done in other states and/or because it may be an example that could be followed in other jurisdictions.

Citations listed in ILDC reports

Note that ILDC reports do not include lists of citations to domestic instruments and legislation mentioned in the decision, as such references generally have only a minor relevance to the international law issues involved. Further, only key domestic cases will be listed, as focusing too much on domestic case law is a distraction for the international law researcher.

Editorial Board

EDITORS IN CHIEF

André Nollkaemper is Dean and Professor of Public International Law at the Faculty of Law of the University of Amsterdam. He is also external Legal Advisor to the Minister of Foreign Affairs of the Netherlands, Member of the Permanent Court of Arbitration, Member of the Institut de Droit International, and Member of the Royal Netherlands Academy of Arts and Sciences. Between 2014 and 2017 he was President of the European Society of International Law and in 1999, he established the Amsterdam Center for International Law (ACIL), which has become a centre of excellence at the University of Amsterdam and ranks amongst the top institutions for international law in the Netherlands.

His practical experience includes cases before the International Court of Justice, the European Court of Human Rights, the Special Court for Sierra Leone, the International Criminal Tribunal for the Former Yugoslavia, courts of the Netherlands, and consultancy for a variety of international and national organizations.

Professor Nollkaemper has published widely on general international law, and in particular on the relationship between international and domestic law, international responsibility, and international environmental law.

August Reinisch has been a professor of international and European law at the University of Vienna since 1998. He currently serves as Head of the Section of International Law and International Relations and as Director of the LL.M. Program in International Legal Studies. From 2004 to 2006 and from 2010 to 2014 he was Dean for International Relations of the Law School of the University of Vienna. His professional experience includes arbitrator and expert adviser in Austrian and foreign court litigation as well as in international, mostly investment arbitration. He has served as arbitrator in investment cases mostly under ICSID and UNCITRAL Rules, and frequently provided expert opinions in the field. Since 2001, he has been serving pro bono as arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund Law. He is a Member of the UN International Law Commission, a membre associé of the Institut de droit international, president of the Austrian Branch of the ILA and of the German Society of International Law, and former Executive Board member of the European Society of International Law. August Reinisch holds Master’s degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989) from NYU Law School. He is admitted to the Bars of New York and of Connecticut (since 1990). In 1994, he obtained the Diploma of the Hague Academy of International Law.

His main publications include International Organizations before National Courts (Cambridge University Press 2000), with Christoph Schreuer, Loretta Malintoppi and Anthony Sinclair, The ICSID Convention: A Commentary (Cambridge University Press, 2nd ed., 2009) and Essentials of EU Law (Cambridge University Press, 2nd ed., 2012); he has edited Standards of Investment Protection (Oxford University Press 2008), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press, 2013), and The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies. A Commentary (Oxford University Press, 2016).

PREVIOUS EDITOR IN CHIEF

Erika de Wet Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law at the University of Pretoria, and Professor of International Constitutional Law at the Amsterdam Center for International Law, University of Amsterdam, The Netherlands.

MANAGING EDITOR

Belinda Macmahon, an Australian lawyer, was with the Permanent Court of Arbitration in The Hague, Netherlands, from 2001 to 2009, where she was employed as Legal Counsel/Chief Editor. In that capacity she edited a number of books on issues of public international law, including two compilation volumes published by Oxford University Press ('Redressing Injustices Through Mass Claims Processes', 2006, and 'Multiple Party Actions in International Arbitration', 2009), six volumes of the Permanent Court of Arbitration Award Series (TMC Asser Press), and seven volumes of the PCA's Peace Palace Papers series (Kluwer Law International). She was the Registrar of the Eritrea-Ethiopia Claims Commission from 2004 until the completion of its mandate in 2009. She is qualified as a solicitor in South Australia, England and Wales, and Hong Kong SAR.

Belinda is also a Managing Editor for the International Criminal Law module of ORIL and Editor of the African Country Reports for Oxford Constitutions of the World.

EDITORIAL BOARD

Eyal Benvenisti, Tel Aviv University
Magnus Killander, University of Pretoria
Claudia Martin, American University
Riccardo Pavoni, University of Siena
Dinah Shelton, George Washington University
Antonios Tzanakopoulos, University of Oxford

ASSOCIATE EDITORS

Anna Begemann, University of Oxford
Björn Schiffbauer, University of Cologne
Beti Hohler, International Criminal Court
Gregor Novak, Yale University
Birgit Peters, University of Rostock
Thomas Groh, Berlin School of Economics and Law
Christian Djeffal, Higher Regional Court
Gillian MacNeil, Frankfurt
Celine Braumann, University of Vienna

EDITORIAL ADVISORY BOARD

John Dugard, University of Pretoria
Christof Heyns, University of Pretoria
Fatsah Ouguergouz, African Court of Human and Peoples' Rights
Christoph Schreuer, University of Vienna
Bakhtiyar Tuzmukhamedov, Diplomatic Academy
C.G. Weeramantry, Monash University
Edith Brown Weiss, Georgetown University
Rüdiger Wolfrum, Max Planck Institute for Comparative Public Law and International Law
Sienho Yee, Wuhan University Institute of International Law

CONTRIBUTORS

Horace Adjolohoun
Abdullah Al Faruque
Daniele Amoroso
Odile Ammann
Helmut Philipp Aust
Davinia Aziz
Peter Bachmayer
J. Craig Barker
Kemal Baslar
Ed Bates
Stéphane Beaulac
Nita Benoliel
Camille Bergmann
Maria Teresa Bia
Kealeboga N Bojosi
Edmunds Broks
Catherine Brolmann
Thomas Burri
Elizabeth Cameron
Jernej Letnar Černič
Alessandro Chechi
Aristotle Constantinides
Sonkita Conteh
Emily Crawford
Robert J Currie
Dominic Dagbanja
Oliver Doraisamy
Janine A Dumont
Saïda El Boudouhi
Olivier de Frouville
Maarten den Heijer
Paul Eden
Marius Emberland
Maija Faurie
Anél Ferreira-Snyman
Carlo Focarelli
Ximena Fuentes
Roger Gamble
Asier Garrido Muñoz
Claudia Geiringer
Lena Graber
Sara B Greenberg
Thomas Groh
Mika Grunth
Jacques Hartmann
Matthias Hartwig
Mohamed R Hassanien
Etienne Henry
Christian Hoppe
Md Zakir Hossain
Devika Hovell
Kushtrim Istrefi
Massimo Iovane
Patrícia Jerónimo
Bing Bing Jia
Waruguru Kaguongo
Nikila Kaushik
Stephen Ke
Martijn Jurgen Keeman
Magnus Killander
Hugh M Kindred
Eszter Kirs
Jan Kratochvil
Shelly Kreiczer
Surendra Kumar
Felix Lange
Markus Lanter
Carl Lebeck
Sotirios-Ioannis Lekkas
Roemer Lemaître
CL Lim
Hye-Young Lim
Liang-Rong Lin
Anna-Sara Lind
Marina Litz
Tsvetanka Lozanova
Gillian MacNeil
Ivo Magnée
Dominique Maingot
Innocent Maja
Lesley Manthey
Alice Margaria
Thomas Margueritte
Sergei Marochkin
Sam Murray
Tarisai Mutangi
Saphina Nakulima
Salem Hikmat Nasser
Jahan Navidi
Giulio Nessi
Ilona Nieminen
Ragnar Nordeide
Christian Garuka Nsabimana
Opeoluwa Ogundokun
Kudret Özersay
Juan Pablo Pérez-León Acevedo
Paolo Palchetti
Riccardo Pavoni
Francisco Pereira Coutinho
Priya Pillai
Sara Porro
Ravina Pratap
Laura Precup-Pop
GJ Pulles
Fabián Raimondo
Mianko Ramaroson
Rohini Rangachari
Zane Ratniece
Markus Rau
Elena Rechapova
August Reinisch
Eva Rieter
Martin Roger
Cedric Ryngaert
Aziz Tuffi Saliba
Elizabeth Salmón Gárate
Birgit Schlütter
Russell Schmidt
Gusel Schneider
Frank Schorkopf
Dinah Shelton
Korir Sing'oei
Debra Siton
Mateja Steinbrück Platise
Ralph G Steinhardt
Simonetta Stirling-Zanda
Jon Stokholm
HA Strydom
Sándor Szemesi
Christian J Tams
Ruth Teitelbaum
Liam Thornton
Dire Tladi
Kathryn Todryk
Simon Van de Walle
Harmen van der Wilt
Dries Van Eeckhoutte
Thomas Van Poecke
Juan Santos Vara
Sten Verhoeven
Maarten Vidal
André von Walter
Evelien Wauters
Jan Erik Wetzel
Jan Wouters
Elizabeth Wye
Anna Wyrozumska
Alexander Yakovlev
Keren Yalin-Mor
Andreas R Ziegler