Amicus Curiae Before International Courts And Tribunals
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Amicus Curiae Before International Courts And Tribunals
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Author : Astrid Wiik
language : en
Publisher: Nomos Verlag
Release Date : 2018-03-19
Amicus Curiae Before International Courts And Tribunals written by Astrid Wiik and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-19 with Law categories.
Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.
The Amicus Curiae Before International Courts And Tribunals
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Author : Lance Bartholomeusz
language : en
Publisher:
Release Date : 2005
The Amicus Curiae Before International Courts And Tribunals written by Lance Bartholomeusz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Research Handbook On International Courts And Tribunals
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Author : William A. Schabas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On International Courts And Tribunals written by William A. Schabas 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 2017-02-24 with Law categories.
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
The Future Of International Courts
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Author : Avidan Kent
language : en
Publisher: Routledge
Release Date : 2019-02-26
The Future Of International Courts written by Avidan Kent and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-26 with Law categories.
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
The Amicus Curiae In International Criminal Justice
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Author : Sarah Williams
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
The Amicus Curiae In International Criminal Justice written by Sarah Williams and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.
Manual On International Courts And Tribunals
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Author : Ruth Mackenzie
language : en
Publisher:
Release Date : 2010
Manual On International Courts And Tribunals written by Ruth Mackenzie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.
Public Interest Litigation In International Law
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Author : Justine Bendel
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-25
Public Interest Litigation In International Law written by Justine Bendel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-25 with Law categories.
In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future
Litigating The Environment
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Author : Justine Bendel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-06-01
Litigating The Environment written by Justine Bendel 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 2023-06-01 with Law categories.
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Greening International Jurisprudence
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Author : Cathrin Zengerling
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-08-22
Greening International Jurisprudence written by Cathrin Zengerling 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 2013-08-22 with Law categories.
Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.
In Whose Name
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Author : Armin von Bogdandy
language : en
Publisher: OUP Oxford
Release Date : 2014-07-24
In Whose Name written by Armin von Bogdandy and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-24 with Law categories.
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.