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The Position of International Law Within the Danish Legal Order

The Position of International Law Within the Danish Legal Order THE POSITION OF INTERNATIONAL LAW WITHIN THE DANISH LEGAL ORDER By Claus Gulmann, Copenhagen University Danish doctrine has shown comparatively little interest in the question of the position of international law within the Danish legal order,l and in practice this question has given rise to few problems. One finds surprisingly few cases, where a Danish court has had to take into account international law as an important factor for the outcome of a litigation. Most Danish lawyers would not hesitate stating that international law - whether treaty or customary law - is not part of the Danish legal order, until it has been incorporated or implemented by an act of Parliament or by an administrative act in pursuance of an act of Parliament. Some of them might modify this statement by referring to the fact that inter- national law may - even though not implemented - influence the outcome of a case through the application of what is called the rules of interpretation and presumption.2 2 Basically these would not be incorrect statements concerning Danish law. But they are certainly statements leaving aside the nuances and they may even help to hide the true importance of international law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

The Position of International Law Within the Danish Legal Order

Nordic Journal of International Law , Volume 52 (3-4): 45 – Jan 1, 1983

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Publisher
Brill
Copyright
© 1983 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529383X00059
Publisher site
See Article on Publisher Site

Abstract

THE POSITION OF INTERNATIONAL LAW WITHIN THE DANISH LEGAL ORDER By Claus Gulmann, Copenhagen University Danish doctrine has shown comparatively little interest in the question of the position of international law within the Danish legal order,l and in practice this question has given rise to few problems. One finds surprisingly few cases, where a Danish court has had to take into account international law as an important factor for the outcome of a litigation. Most Danish lawyers would not hesitate stating that international law - whether treaty or customary law - is not part of the Danish legal order, until it has been incorporated or implemented by an act of Parliament or by an administrative act in pursuance of an act of Parliament. Some of them might modify this statement by referring to the fact that inter- national law may - even though not implemented - influence the outcome of a case through the application of what is called the rules of interpretation and presumption.2 2 Basically these would not be incorrect statements concerning Danish law. But they are certainly statements leaving aside the nuances and they may even help to hide the true importance of international law.

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1983

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