Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals
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Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2015-08-14
Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-14 with Law categories.
Challenges and Recusal of Judges and Arbitrators in International Courts and Tribunals provides an in-depth analysis of a fundamental control mechanism of international dispute resolution in the context of some of the main international courts and tribunals. The book also assesses specific grounds and standards for challenging judges and arbitrators, and includes both regional and personal perspectives.
Procedural Fairness In International Courts And Tribunals
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Author : Arman Sarvarian
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2015
Procedural Fairness In International Courts And Tribunals written by Arman Sarvarian and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Court proceedings categories.
Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]
Provisional Measures Issued By International Courts And Tribunals
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Author : Fulvio Maria Palombino
language : en
Publisher: Springer Nature
Release Date : 2020-12-02
Provisional Measures Issued By International Courts And Tribunals written by Fulvio Maria Palombino and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-02 with Law categories.
This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.
The International Judge
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Author : Daniel Terris
language : en
Publisher: UPNE
Release Date : 2007
The International Judge written by Daniel Terris and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
An interdisciplinary introduction to international judges and their work
Deference In International Courts And Tribunals
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Author : Lukasz Gruszczynski
language : en
Publisher: OUP Oxford
Release Date : 2014-10-09
Deference In International Courts And Tribunals written by Lukasz Gruszczynski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-09 with Law categories.
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
International Court Authority
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Author : Mikael Rask Madsen
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
International Court Authority written by Mikael Rask Madsen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
Case Law And The Development Of International Law
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Author : Patrícia Galvão Teles
language : en
Publisher: BRILL
Release Date : 2021-10-18
Case Law And The Development Of International Law written by Patrícia Galvão Teles and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.
The Rules Practice And Jurisprudence Of International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-02-17
The Rules Practice And Jurisprudence Of International Courts And Tribunals written by Chiara Giorgetti 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 2012-02-17 with Law categories.
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Jurisdiction Of International Tribunals
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Author : Chittharanjan F. Amerasinghe
language : en
Publisher: BRILL
Release Date : 2002-08-01
Jurisdiction Of International Tribunals written by Chittharanjan F. Amerasinghe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-01 with Law categories.
This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.
The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2019-09-24
The Selection And Removal Of Arbitrators In Investor State Dispute Settlement written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules.