Oxford Reports on International Law in Domestic Courts
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:
- 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.
- 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.
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.
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.
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
Anna Begemann, University of Oxford
Markus P. Beham, University of Passau
Celine Braumann, University of Vienna
Christian Djeffal, Higher Regional Court
Thomas Groh, Berlin School of Economics and Law
Beti Hohler, International Criminal Court
Gillian MacNeil, Frankfurt
Gregor Novak, Yale University
Birgit Peters, University of Rostock
Björn Schiffbauer, University of Cologne
Austria: Celine Braumann
Belgium: Jan Wouters and Evelien Wauters
Canada: Rob Currie
France: Saïda El Boudouhi
Germany: Bjorn Schiffbauer
Italy: Riccardo Pavoni
Latvia: Edmunds Broks
Romania: Gabriela A. Oanta
Spain: Asier Garrido Muñoz
Switzerland: Andreas Ziegler
Israel: Debra Siton
Russia: Sergey Marochkin
United States: Maria Yousuf
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
Abdullah Al Faruque
Helmut Philipp Aust
J. Craig Barker
Maria Teresa Bia
Kealeboga N Bojosi
Jernej Letnar Černič
Robert J Currie
Janine A Dumont
Olivier de Frouville
Maarten den Heijer
Sara B Greenberg
Mohamed R Hassanien
Md Zakir Hossain
Bing Bing Jia
Martijn Jurgen Keeman
Hugh M Kindred
Salem Hikmat Nasser
Christian Garuka Nsabimana
Juan Pablo Pérez-León Acevedo
Francisco Pereira Coutinho
Aziz Tuffi Saliba
Elizabeth Salmón Gárate
Mateja Steinbrück Platise
Ralph G Steinhardt
Christian J Tams
Simon Van de Walle
Harmen van der Wilt
Dries Van Eeckhoutte
Thomas Van Poecke
Juan Santos Vara
André von Walter
Jan Erik Wetzel