Denial Of Justice In International Law
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Denial Of Justice In International Law
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Author : Jan Paulsson
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-06
Denial Of Justice In International Law written by Jan Paulsson 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 2005-10-06 with Law categories.
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Judicial Acts And Investment Treaty Arbitration
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Author : Berk Demirkol
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Judicial Acts And Investment Treaty Arbitration written by Berk Demirkol 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 2018-01-11 with Law categories.
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
International Law In A Transcivilizational World
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Author : Onuma Yasuaki
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-15
International Law In A Transcivilizational World written by Onuma Yasuaki 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 2017-02-15 with Law categories.
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher: International Courts and Tribu
Release Date : 2009
A Common Law Of International Adjudication written by Chester Brown and has been published by International Courts and Tribu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.
International Law In The Middle East
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Author : Jean Allain
language : en
Publisher: Routledge
Release Date : 2017-10-24
International Law In The Middle East written by Jean Allain and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Law categories.
Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.
Contemporary Issues In International Arbitration And Mediation
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Author : Arthur W. Rovine
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-25
Contemporary Issues In International Arbitration And Mediation written by Arthur W. Rovine 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 2012-07-25 with Law categories.
These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.
The Law And Practice Of The International Court 1920 2005
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Author : Shabtai Rosenne
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006
The Law And Practice Of The International Court 1920 2005 written by Shabtai Rosenne 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 2006 with Law categories.
The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.
The Oxford Handbook Of The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2017-10-19
The Oxford Handbook Of The Sources Of International Law written by Jean d'Aspremont 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 2017-10-19 with Law categories.
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
Access To Justice As A Human Right
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Author : Francesco Francioni
language : en
Publisher: OUP Oxford
Release Date : 2007-10-25
Access To Justice As A Human Right written by Francesco Francioni and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Law categories.
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Local Remedies In International Law
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Author : Chittharanjan Felix Amerasinghe
language : en
Publisher: Cambridge University Press
Release Date : 2004-01-15
Local Remedies In International Law written by Chittharanjan Felix Amerasinghe 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 2004-01-15 with Political Science categories.
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.