Recent Developments Regarding the Direct and Indirect Application of Treaties by Dutch Courts: Fresh Approaches to Self-Executing, Non-Self-Executing and Non-Binding International Law

• Autores: Joseph Fleuren
• Localización: Netherlands yearbook of international law, ISSN 0167-6768, Nº. 47, 2016, págs. 377-393
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • In 2014, the Supreme Court of the Netherlands switched from a binary to a contextual approach to the question whether a treaty provision has direct effect. In this contribution, the new approach is discussed in a historical perspective and linked with some other developments in Dutch case law that further enhance the possibilities for the national courts to enforce treaties: the interpretation of treaty provisions by means of non-binding but authoritative decisions of international supervisory bodies and the treaty-consistent interpretation and application of domestic law.