Decisions Of International Courts And Tribunals And International Arbitrations
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Decisions Of International Courts And Tribunals And International Arbitrations
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Author : Rudolf Bernhardt
language : en
Publisher: Elsevier
Release Date : 2014-05-12
Decisions Of International Courts And Tribunals And International Arbitrations written by Rudolf Bernhardt and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-12 with Law categories.
Encyclopedia of Public International Law, 2: Decisions of International Courts and Tribunals and International Arbitrations focuses on articles on cases of major importance in international law that have come before international courts and arbitral tribunals. The publication first elaborates on the Abu Dhabi Oil Arbitration, Acquisition of Polish Nationality, Admission of a State to Membership in United Nations, Aramco Arbitration, Argentina-Chile Frontier Case, and Arbitration Award under the Treaty of Finance and Compensation of 1961. The text then takes a look at the Barcelona Traction Case, Buraimi Oasis Dispute, Certain Expenses of the United Nations, Clipperton Island Arbitration, Costa Rica Packet Arbitration, and Customs Regime between Germany and Austria. The manuscript examines the Tinoco Concessions Arbitration, Timor Island Arbitration, Sovereignty over Certain Frontier Land Case (Belgium/Netherlands), Sapphire Arbitration, Railway Traffic between Lithuania and Poland, Preferential Claims against Venezuela Arbitration, and Pious Fund Arbitration. The publication is a dependable source of data for researchers interested in the decisions of international courts and tribunals and international arbitrations.
Decisions Of International Courts And Tribunals And International Arbitrations
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Author : Rudolf Bernhardt
language : en
Publisher:
Release Date : 1981
Decisions Of International Courts And Tribunals And International Arbitrations written by Rudolf Bernhardt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with categories.
The Rules Practice And Jurisprudence Of International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2012-02-17
The Rules Practice And Jurisprudence Of 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 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.
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.
Interpretation Revision And Other Recourse From International Judgments And Awards
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Author : Shabtai Rosenne
language : en
Publisher: BRILL
Release Date : 2007-08-13
Interpretation Revision And Other Recourse From International Judgments And Awards written by Shabtai Rosenne and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-13 with Law categories.
This work analyzes the complexity of interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal.
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 Courts And The Development Of International Law
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Author : Nerina Boschiero
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-15
International Courts And The Development Of International Law written by Nerina Boschiero and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-15 with Law categories.
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international 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 Competing Jurisdictions Of International Courts And Tribunals
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Author : Yuval Shany
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
The Competing Jurisdictions Of International Courts And Tribunals written by Yuval Shany 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 2003 with Law categories.
Recent years have witnessed a sharp increase in the number of international courts and tribunals (e.g., WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur - i.e., the same dispute couldfall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunalsand delineates areas of overlap between their respective jurisdictions. Them follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (e.g., forum shopping and multiple proceedings) and considers the expediency of mitigating them. It concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and considering the desirability of introducing additional norms and arrangements.
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.