A Century Of International Adjudication The Rule Of Law And Its Limits
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A Century Of International Adjudication The Rule Of Law And Its Limits
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Author : Jean Allain
language : en
Publisher: T.M.C. Asser Press
Release Date : 2000-11-15
A Century Of International Adjudication The Rule Of Law And Its Limits written by Jean Allain and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-15 with Law categories.
This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.
A Century Of International Adjudication The Rule Of Law And Its Limits
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Author : Jean Allain
language : en
Publisher: T.M.C. Asser Press
Release Date : 2000-12-01
A Century Of International Adjudication The Rule Of Law And Its Limits written by Jean Allain and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-01 with Law categories.
This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.
The Relevance Of International Adjudication
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Author : Milton Katz
language : en
Publisher: Cambridge : Harvard University Press
Release Date : 1968
The Relevance Of International Adjudication written by Milton Katz and has been published by Cambridge : Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Law categories.
It has been an ancient and tenacious human hope that mankind could apply to the no man's land between states the experience of domestic law in curbing violence and settling disputes. Within a society, the use of law to resolve disputes and contain violence centers in the courts and the police. Men anxious to restrain international aggression and settle international disputes peaceably have long sought to invoke international policing and adjudication under law. Twice within the past half-century, they have undertaken to build worldwide organizations to keep the peace. The United Nations system assigns a critical role to adjudication under the Charter and international law. In this book, one of America's foremost legal scholars, who has extensive experience in foreign policy, administration, and international law, explores whether and to what extent decisions by international tribunals have been significant, or may yet be significant, for the settlement of international disputes. Mr. Katz believes that adjudication as an institution ranks among the great creative achievements of mankind, but it has its limitations--limits both in current practice and in its potential scope. In presenting his argument; Mr. Katz concentrates upon the period since the end of World War II and deals primarily with international conflict within the experience of the United Nations and the International Court of Justice. He focuses on disputes resulting from the Cold War and on those between established industrial states and newly emerging states or peoples that have not yet attained a full measure of self-government. In examining what happened and appraising what might have happened; Mr. Katz keeps the reader constantly aware of the many meanings of law; and of the need to sort out the different meanings in order to apply law effectively. Without an understanding of the effective reach and the limits of adjudication; he insists; we will waste opportunities for settling international controversies. We can waste opportunities by failing to use international tribunals where they can be effective; we can dissipate the precious resource of adjudication in wishful misapplications; and in misapplying adjudication; we can divert our attention from other ways and means more pertinent to the settlement of particular international disputes.
Global Governance And The Emergence Of Global Institutions For The 21st Century
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Author : Augusto Lopez-Claros
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-23
Global Governance And The Emergence Of Global Institutions For The 21st Century written by Augusto Lopez-Claros and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
The Contribution Of International And Supranational Courts To The Rule Of Law
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Author : Geert De Baere
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Contribution Of International And Supranational Courts To The Rule Of Law written by Geert De Baere and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
Enhancing The Rule Of Law Through The International Court Of Justice
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Author : Giorgio Gaja
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-07-10
Enhancing The Rule Of Law Through The International Court Of Justice written by Giorgio Gaja and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-10 with Business & Economics categories.
What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann
Questions Of Jurisdiction And Admissibility Before International Courts
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Author : Yuval Shany
language : en
Publisher: Cambridge University Press
Release Date : 2016
Questions Of Jurisdiction And Admissibility Before International Courts written by Yuval Shany and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher: Oxford University Press on Demand
Release Date : 2007
A Common Law Of International Adjudication written by Chester Brown and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Netherlands Yearbook Of International Law 2014
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Author : Mónika Ambrus
language : en
Publisher: Springer
Release Date : 2015-05-15
Netherlands Yearbook Of International Law 2014 written by Mónika Ambrus and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Law categories.
The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the ‘problem’ that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
On The Rule Of Law
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18
On The Rule Of Law written by Brian Z. Tamanaha and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-18 with Juvenile Nonfiction categories.
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.