Interim Measures Indicated By International Courts
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Interim Measures Indicated By International Courts
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Author : Rudolf Bernhardt
language : en
Publisher: Springer Science & Business Media
Release Date : 1994-10-24
Interim Measures Indicated By International Courts written by Rudolf Bernhardt 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 1994-10-24 with Law categories.
Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992. On 22nd January 1993, the Max Planck Institute organized a colloquium in honour of Hermann Mosler, on a topic which is of theoretical as weIl as practical interest: Interim Measures Indicated by International Courts. The participants of the colloquium were outstanding scholars and experts in the area of international dispute settlement. The present publication is based on the colloquium of January 1993. It contains four reports, namelyon the International Court of Justice (Thirl way), the Court of Justice of the European Communities (Jacobs), the Inter-American Court of Human Rights (Buergenthal) and the European Court of Human Rights (Bernhardt). Three of the reports were orally pre sented and discussed, and they have been revised and expanded for this publication; the report by Thomas Buergenthal could only be submitted in writing. In preparing the colloquium the authors were requested to concentrate their contributions on the following questions : 1. Legal bases for the indication of interim measures (convention, statute, rules of court). 2. Conditions for the indication of interim measures (jurisdiction, compe tence, admissibility, urgency, necessity - irreparable damage -; request of the parties andjor indication by the court proprio molu).
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.
Jurisprudence Of The Pcij And Of The Icj On Interim Measures Of Protection
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Author : Ewa Sałkiewicz-Munnerlyn
language : en
Publisher: Springer Nature
Release Date : 2021-10-13
Jurisprudence Of The Pcij And Of The Icj On Interim Measures Of Protection written by Ewa Sałkiewicz-Munnerlyn and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-13 with Law categories.
This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.
Interim Measures In The Hague Court
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Author : Jerzy Sztucki
language : en
Publisher: Brill Archive
Release Date : 1983-01-01
Interim Measures In The Hague Court written by Jerzy Sztucki and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-01-01 with Law categories.
This treatise/casebook is the established standard & authoritative treatment of the rapidly expanding international civil litigation field. The detailed commentary, case analyses, & materials will assist the busy practitioner find comprehensive & practical answers to countless questions that arise in disputes involving foreign parties or transactions. Exhaustive annotations & footnotes provide invaluable research assistance, while clearly written analyses identify key issues. Detailed appendices, practice pointers, model forms, model clauses, an easy-to-use table of contents, & an extensive index all facilitate research.
Provisional Measures Before International Courts And Tribunals
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Author : Cameron A. Miles
language : en
Publisher: Cambridge University Press
Release Date : 2017-01-26
Provisional Measures Before International Courts And Tribunals written by Cameron A. Miles 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 2017-01-26 with Law categories.
2 Dispute Settlement Under UNCLOS
Urgency And Human Rights
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Author : Eva Rieter
language : en
Publisher: Springer Nature
Release Date : 2020-11-21
Urgency And Human Rights written by Eva Rieter and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-21 with Law categories.
This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases. This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use. Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases. There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect. Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands. Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.
Interim Protection
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Author : Jerome B. Elkind
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-09-16
Interim Protection written by Jerome B. Elkind 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 1981-09-16 with Political Science categories.
Provisional Measures In International Law
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Author : Shabtai Rosenne
language : en
Publisher: Oxford University Press on Demand
Release Date : 2005
Provisional Measures In International Law written by Shabtai Rosenne 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 2005 with Law categories.
Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the PermanentCourt of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest bydeciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventionsadopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principalorgan.
The Icj S Practice On Provisional Measures
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Author : Zan He
language : en
Publisher: Kölner Schriften zu Recht und Staat
Release Date : 2010
The Icj S Practice On Provisional Measures written by Zan He and has been published by Kölner Schriften zu Recht und Staat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Civil procedure categories.
This work studies the role of the International Court of Justice (ICJ) regarding the international dispute settlement and the maintenance of international peace and security by examining its practice on provisional measures. The author finds that the ICJ's practice on provisional measures differs from that of municipal courts, due to the necessity to respect the sovereignty of states. Furthermore, the Court attempts to play an important role in the international dispute settlement. The aim to maintain international peace and security is decisive for the Court to assign provisional measures. As shown by the Lockerbie cases, its power was to some extent paralyzed by the Council's breach of its authority. Without any coordinative mechanism within the UN system and the Council's self-restriction, provisional measures cannot be as effective as designated.
Preventing Irreparable Harm
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Author : Eva R. Rieter
language : en
Publisher:
Release Date : 2010
Preventing Irreparable Harm written by Eva R. Rieter 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.
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.