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“Research Handbook on International Law and Domestic Legal Systems”

Virtual Authors’ Workshop
“Research Handbook on International Law and Domestic Legal Systems”
Helmut Philipp Aust, Heike Krieger, Felix Lange (eds)
18 – 19 June 2021

On 18th and 19th June 2021 Helmut Philipp Aust, Heike Krieger and Felix Lange hosted an authors’ workshop in preparation of the book entitled ‘Research Handbook on International Law and Domestic Legal Systems’. Due to the Covid-19 pandemic the first exchange on the draft contributions took place via a videoconference.

The question of how international law relates to domestic law has long occupied scholars and continues to occupy them today. These old questions, however, arise with a new sense of urgency nowadays. The Research Handbook seeks to provide an innovative reference tool in regard to the ever increasing complexity of the relationship between international law and domestic legal systems. The book assesses the connections between domestic law and international law in the contemporary context of a changing global order – an ever growing entanglement between the international and the domestic sphere due to globalization, on the one hand, and a trend to block international law’s impact on domestic legal systems, on the other hand.

For the exploration of the above mentioned issues, four panel discussions were held, corresponding with the four sections in the forthcoming book, i.e. panels on relations, on techniques, on perspectives, and on ideas.

On the first panel with the topic ‘Relations’, Dana Burchardt, Ralf Michaels, Russell Miller and Ingrid Wuerth introduced their draft contributions examining the relationship between domestic and international law in different domestic and international legal settings. Monism and dualism, pluralism and norm conflicts are different avenues through which the connections between international law and domestic law can be conceived.

The second panel on the topic ‘Techniques’ was comprised of draft contributions by Ximena Soley, Geir Ulfstein, Tamar Hostovsky Brandes and Apollin Koagne Zouapet addressing the normative content and functions of the legal techniques which are applied in different legal systems to approach the various relationships between the international and the domestic.

On the third panel with the topic ‘Perspectives’, Andreas Paulus, Paul Blokker, Ryan Martínez Mitchell and Congyan Cai introduced their draft contributions opening the horizon of the reader for current and future engagement with the relationship between the domestic and the international and analysing the impact of the shifting international legal landscape on the connections between domestic and international law.

The fourth panel on the topic ‘Ideas’ was comprised of draft contributions by Andrew Hurrell, Martin Clark, Jure Vidmar and Paolo Palchetti tracing the development of core understandings of the relationship between the international and the domestic and analysing how different actors within international law (especially states) have addressed the linkages between the international and the domestic.

Speakers at the virtual workshop

Helmut Philipp Aust, Freie Universität Berlin

Paul Blokker, University of Bologna

Dana Burchardt, Berlin Potsdam Research Group

Congyan Cai, Xiamen University

Martin Clark, University of Tasmania Faculty of Law

Tamar Hostovsky Brandes, Ono Academic College Tel Aviv

Andrew Hurrell, Oxford University and Berlin Potsdam Research Group

Apollin Koagne Zouapet, Berlin Potsdam Research Group

Heike Krieger, Freie Universität Berlin and Berlin Potsdam Research Group

Felix Lange, Berlin Potsdam Research Group

Ralf Michaels, MPI for Comparative and Private International Law, University of Hamburg

Russell Miller, Washington and Lee School of Law

Ryan Martínez Mitchell, Chinese University of Hong Kong

Paolo Palchetti, Université Paris 1-Panthéon-Sorbonne

Andreas Paulus, Judge of the German Constitutional Court, University of Göttingen

Ximena Soley, Berlin Potsdam Research Group

Geir Ulfstein, Oslo University

Jure Vidmar, University of Maastricht

Ingrid Wuerth, Vanderbilt Law School

Imogen Saunders (Australian National University), Ntina Tzouvala (Australian National University), Danae Azaria (University College London) und Thomas Kleinlein (University of Jena) are also contributing to the book, but could not attend the workshop.