Book ReviewResponse

The “pseudo doctrine”, still a real problem

In her post “The ‘pseudo doctrine’ – a pseudo problem?” Raffaela Kunz reviews my thesis “Das Scheininstitut der unmittelbaren Anwendbarkeit“. Her friendly and well written review raises a few questions, so I am most happy to have the chance for a response. In general Kunz follows my line of arguments but she raises some conceptual doubts and moreover questions the relevance of the abolishment of the pseudo-doctrine of direct applicability …


Book Review

The „pseudo doctrine“ – a pseudo problem?

On the (ir-)relevance of the doctrine of self-executing treaties for the domestic effect of international law

The question of the “self-executingness” or “direct applicability” of international law is in fact a question of domestic law, but still almost all textbooks on international law address it. The reason for this lies in the treatment of “self-executingness” by many domestic courts as a precondition for the application of international law in their proceedings. In other words, the doctrine is said to determine to a great extent the effects …


Current Developments

Voting down international law?

Lessons from Switzerland for compensatory constitutionalism

There was quite some relief in Switzerland when it became clear on Sunday 25thNovember that the so called “initiative on democratic self-determination” had been rejected by the voters (the end result with 66 percent no-votes was much clearer than expected). While it is nothing new in Switzerland that popular initiatives are launched which lead to conflicts with international law (just remember the popular initiatives on the ban of minarets, on the …


Debating "Beyond Human Rights"Symposium

Beyond Human Rights – Beyond International Law?

There is much to admire in Anne Peters’ book, so much that after reading Jenseits der Menschenrechte, it is difficult to imagine what else can be done in this area of the law. Peters’ book represents the standard treatise in the field for the time being, ably demonstrating chapter by chapter that the individual enjoys direct legal status in international law way beyond human rights.