Interim Proceedings

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Interim Measures In Cross Border Civil And Commercial Disputes

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Author : Deyan Draguiev
language : en
Publisher: Springer Nature
Release Date : 2023-05-27

Interim Measures In Cross Border Civil And Commercial Disputes written by Deyan Draguiev and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-27 with Law categories.

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

The Interim Protection Of Individuals Before The European And National Courts

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Author : Dimitrios Sinaniotis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01

The Interim Protection Of Individuals Before The European And National Courts written by Dimitrios Sinaniotis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.

This thesis focuses on the interim protection of the individual in the Community legal order. An analysis will be made of the avenues available to individuals for requesting interim relief when a case is brought before the European or the national courts. An extensive examination of the relevant case law will be performed to reveal what appears to be an evolving concept of the individual's interim protection in the European Community structure and to suggest any possible changes in order to guarantee an effective remedy of interim relief.

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).

Threading The Sovereign S Needle

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Author : Alexander G. Leventhal
language : en
Publisher: BRILL
Release Date : 2021-07-19

Threading The Sovereign S Needle written by Alexander G. Leventhal and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.

In Threading the Sovereign’s Needle: A Philosophical Deconstruction of an Investor-State Tribunal’s Authority to Award Interim Relief in Relation to Criminal Proceedings, Alexander G. Leventhal shows that, rather than a diffuse set of contradictory decisions, these cases obey a coherent philosophy. More than that, however, he explains the reasons behind the results in the rich case law on point.

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.

Atkin S Encyclopaedia Of Court Forms In Civil Proceedings

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Author : James Richard Atkin Baron Atkin
language : en
Publisher:
Release Date : 1969

Atkin S Encyclopaedia Of Court Forms In Civil Proceedings written by James Richard Atkin Baron Atkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with categories.

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 International Arbitration

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Author : Lawrence W. Newma
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-06-01

Interim Measures In International Arbitration written by Lawrence W. Newma and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-01 with Law categories.

The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.

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.

Problems Of The Peace

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Author : Rufus Bernhard von KleinSmid
language : en
Publisher:
Release Date : 1944

Problems Of The Peace written by Rufus Bernhard von KleinSmid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1944 with International law categories.