Transformation or Adoption of International Law into Municipal Law

Abstract

S&ar. 1 Cf. the bibliographical lilt given in this writer's contribution, "Methods for t Comparative Approach to Public International Law," HManges Egawa (Tokyo, 1961), p. 156. However, a warning note on the pitfalls of lach comparative researches is at nick by Fabozzi, L'attuatione dei trattati internationali mcdiante ordine di esecutione (Milan, 1961), pp. 7-8. i In the present article references to Germany after 1949 refer to the Federal Republic of Germany and to its Constitution, the Basic Law of May 23, 1949, Feaslee, Constitutions of Nation* (Leyden, 1956), Vol. II, p. 80. * Mo»ler, " L'application do droit international public par les tribunauz nationaux " (1957-1) 91 Hague Recueil 649. Mosler has more amply stated hiB position in Dot VBlkerrecht in der Praxit der deuttchen Gerichte (Karlsruhe, 1957), pp. 15-18. « Gould, in Erades-Gonld, The Relation between International Law and Municipal Law in the Netherlands and in the United States (Ley den-New York, 1961), p. 273.

Dispossession by municipalization: Property, pipelines, and divisions of power in settler colonial Canada

“…Throughout the 20th century, theorists debated whether these areas of law share a single source, or if there is a dualism (or pluralism) such that each has particular sources of authority. These concerns were entangled with debates regarding the jurisdictional reach of each domain and the potential implications of decisions in municipal or international law, respectively, on one another (Borchard, 1940;Harris, 1998;Lauterpacht, 1929;Silving, 1946;Seidl-Hohenveldern, 1963). Numerous studies also show, however, that such debates were often premised on assumptions of European colonialism that used racial and ethnic difference to form boundaries marking municipal from international matters (see Anghie, 2012;Lowe, 2015;Mawani, 2010;Pitts, 2018).…”

Public international law principles: an Islamic Sufi approach – Part II

“…So the users would be obliged to observe the rules of ownership, possession, and usurpation, which are parts of Islamic laws. Anyhow, the principles and rules concerning public roads and highways, which are recognized by Islamic civil law, on the basis of international conventions, can also be respected and recognized to be used on seas and atmosphere around the earth and outer space (Seidl‐Hohenveldern, 1999, Chapter 5).…”

“…That is to say, if there be a war among two or more states, other states must fight with the aggressor until it seeks the armistice and then by negotiation, make an equitable peace among them. This principle could have an important role in public international law, to prevent transgression of states towards each other (His Excellency Hājj Dr Tābandeh, 2003; His Excellency Hājj Tābandeh, 1975; His Excellency Hājj Tābandeh, 1986; His Excellency Hājj Beydokhti Gonābādi, 1967; Otfried Höffe, 1995; Rashid, 1974; Arsanjāni, 1963; Ālādpūsh and Tūtūncheeyan, 1993; Dūstkhāh, 1982; Bidābād, 2003, 2005a, b, 2009a, b, c; Bidābād and Harsini, 2003a, b; Churchill and Lowe, 1988b; Seidl‐Hohenveldern, 1999; Shahābi, 1990; Safdari, 1961a; Qā'im Maqām Farāhāni, 1988b; Mohaqiq‐Dāmād, 2000; Muhammad, 1977).…”