Identity And Diversity On The International Bench
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Identity And Diversity On The International Bench
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Author : Freya Baetens
language : en
Publisher:
Release Date : 2020
Identity And Diversity On The International Bench written by Freya Baetens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads; and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunals series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
Identity And Diversity On The International Bench
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Author : Freya Baetens
language : en
Publisher: Oxford University Press
Release Date : 2020-12-10
Identity And Diversity On The International Bench written by Freya Baetens 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 2020-12-10 with Law categories.
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Yearbook International Tribunal For The Law Of The Sea Annuaire Tribunal International Du Droit De La Mer Volume 25 2021
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Author : ITLOS
language : en
Publisher: BRILL
Release Date : 2022-12-12
Yearbook International Tribunal For The Law Of The Sea Annuaire Tribunal International Du Droit De La Mer Volume 25 2021 written by ITLOS and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-12 with Law categories.
The ITLOS Yearbook 2021 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2021, in particular concerning Cases Nos. 28 and 29. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2021 fournit des informations sur la composition, la compétence, la procédure et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2021, en particulier en ce qui concerne les affaires Nos. 28 et 29. L’Annuaire est préparé par le Greffe du Tribunal.
Gender Equality In The Mirror
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Author :
language : en
Publisher: BRILL
Release Date : 2022-08-29
Gender Equality In The Mirror written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-29 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. By taking an innovative perspective, Gender Equality in the Mirror aims to advance the debate on gender equalities and to engage with the complexities of their practical implications in everyday life. Through the voice of women who are contributing with their life and work to the pursuit of the collective task of inclusion, the volume develops an original analysis of the socio-economic and political dimension of gender parity to frame implementing pathways of aspirational human rights principles. Gender Equality in the Mirror explores these dimensions with the ultimate aim of raising broad awareness of the need to invest in women’s empowerment for the construction of our society.
Yearbook International Tribunal For The Law Of The Sea Annuaire Tribunal International Du Droit De La Mer Volume 24 2020
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Author : Intl. Tribunal for the Law of the Sea
language : en
Publisher: BRILL
Release Date : 2022-07-18
Yearbook International Tribunal For The Law Of The Sea Annuaire Tribunal International Du Droit De La Mer Volume 24 2020 written by Intl. Tribunal for the Law of the Sea and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-18 with Law categories.
The ITLOS Yearbook 2020 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2020, in particular concerning Case No. 28. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2020 fournit des informations essentielles concernant la composition, la compétence, la procédure et l’organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l’année 2020, en particulier en ce qui concerne l’affaire no. 28. L’Annuaire est rédigé par le Greffe du Tribunal.
Gender And The European Court Of Human Rights
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Author : Sanna Elfving
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-07
Gender And The European Court Of Human Rights written by Sanna Elfving and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-07 with Law categories.
In applying an intersectional feminist legal analysis of the European Court of Human Rights’ case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR, which does not explicitly raise gender issues, may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers; and family reunification rights in the past few decades. The analysis reveals the extent to which the Court considers an applicant’s gender, intersectional inequalities, and the concept of ‘vulnerability’ in its case law. This book contributes to existing literature on gender equality, gender and judging in supranational courts. Furthermore, it highlights the intersectional discrimination experienced by women and diasporic or minoritised groups by uncovering new dimensions of vulnerabilities. This book will be of interest to researchers in the field of European human rights law, gender, and intersectional issues.
The Adjudicator S Toolkit And The Force Of International Law
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Author : Nicola Strain
language : en
Publisher: BRILL
Release Date : 2024-07-01
The Adjudicator S Toolkit And The Force Of International Law written by Nicola Strain and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-01 with Law categories.
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
The Functions Of International Adjudication And International Environmental Litigation
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Author : Joshua Paine
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
The Functions Of International Adjudication And International Environmental Litigation written by Joshua Paine 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 2024-05-31 with Law categories.
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
The Award In International Investment Arbitration
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Author : Katia Fach Gómez
language : en
Publisher: Oxford University Press
Release Date : 2024-08-28
The Award In International Investment Arbitration written by Katia Fach Gómez 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 2024-08-28 with Law categories.
The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.
Indigenous Rights And The Legacies Of The Bible
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Author : Mark G. Brett
language : en
Publisher: Oxford University Press
Release Date : 2024-07-09
Indigenous Rights And The Legacies Of The Bible written by Mark G. Brett 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 2024-07-09 with Religion categories.
A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of Australia, Mabo v. Queensland (1992), demonstrates the enduring legacies of debates over the previous five centuries. The case reveals that the Australian colonies are the only jurisdiction of the English common law tradition within which no treaties were made with the First Nations. Instead, there is a peculiar development of terra nullius ideology, which can be traced back to the historic influences of the book of Genesis in Puritan thought in the seventeenth century. Having identified both similarities and differences between various colonial arguments, and their overt dependence on early modern theological reasoning, Mark G. Brett examines the paradoxical permutations of imperial and anti-imperial motifs in the biblical texts themselves. Concepts of rights shifted over the centuries from theological to secular frameworks, and more recently, from anthropocentric assumptions to ecologically embedded concepts of Indigenous rights and responsibilities. Bearing in mind the differences between ancient and modern notions of indigeneity, a fresh understanding of this history proves timely as settler colonial states reflect on the implications of the United Nations Declaration on the Rights of Indigenous Peoples (2007). Brett's illuminating insights in this detailed study are particularly relevant for the four states which initially voted against the Declaration: the USA, Canada, New Zealand, and Australia.