Jurisdiction Of International Tribunals
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Jurisdiction Of International Tribunals
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Author : Chittharanjan Félix Amerasinghe
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2003
Jurisdiction Of International Tribunals written by Chittharanjan Félix Amerasinghe 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 2003 with Law categories.
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Jurisdiction Of Specific International Tribunals
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Author : Chittharanjan Felix Amerasinghe
language : en
Publisher: BRILL
Release Date : 2009
Jurisdiction Of Specific International Tribunals written by Chittharanjan Felix Amerasinghe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
This volume examines the jurisdiction, both contentious and advisory, of the ICJ as a specific permanent international court or tribunal but also brings together in one book the examination of the jurisdiction of certain other tribunals, not excluding most of the other four tribunals or groups of tribunals examined in Jurisdiction of International Tribunals by the same author. Material relating to them is expanded, re-examined and brought up to date. Hence, This volume covers the jurisdiction of: (i) the World Court, i.e., the ICJ and PCIJ a " both contentious and advisory jurisdiction, (ii) the leading International Administrative Tribunals, (iii) the ECHR, (iv) ICSID tribunals, (v) the WTO Panels and Appellate Body, and (vi) the ITLOS. The six systems for the judicial settlement of disputes chosen to be examined in this work are by far the most important in the modern era and deserve close attention.
Jurisdiction Of The International Court Of Justice
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Author : Hanqin Xue
language : en
Publisher: BRILL
Release Date : 2017-08-16
Jurisdiction Of The International Court Of Justice written by Hanqin Xue and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-16 with Law categories.
Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.
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 : 2004
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 2004 with Law categories.
Recent years have witnessed a sharp increase in the number of international courts and tribunals (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 could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination 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 tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
The Temporal Jurisdiction Of International Tribunals
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Author : Nick Gallus
language : en
Publisher: Oxford University Press, USA
Release Date : 2017
The Temporal Jurisdiction Of International Tribunals written by Nick Gallus and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? The Temporal Jurisdiction of International Tribunals examines these questions in depth. Despite its importance, the temporal jurisdiction of international tribunals is not well understood. Tribunals often confuse different aspects of their jurisdiction and refuse to hear cases they should have heard, or agree to hear cases they should not. This book reduces this confusion by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits. The book examines the temporal limits resulting from (i) the entry into force of the obligation supposedly breached, (ii) the acceptance of the tribunal's jurisdiction, and (iii) from the period of limitation, as well as the effect of acts that occurred before these limits. Throughout the book, the author comprehensively compares decisions from a wide variety of sources, including the International Court of Justice, Human Rights Courts, World Trade Organization panels, and investment treaty tribunals. It comments on decisions that arose from some of the most notorious events of the twentieth century, including the "Katyn Massacre" of the Second World War, the 1994 Rwandan genocide, and the "forced disappearance" of American political opponents. It reviews these decisions and identifies common principles that help define the temporal jurisdiction of tribunals to decide breaches of international law. This book is essential for anyone practicing in international law, and anyone building a case that could be affected by temporal jurisdiction.
The General Principles Of Law As Applied By International Tribunals To Disputes On Attribution And Exercise Of State Jurisdiction
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Author : Alexander Marie Stuyt
language : en
Publisher: Springer
Release Date : 2013-11-11
The General Principles Of Law As Applied By International Tribunals To Disputes On Attribution And Exercise Of State Jurisdiction written by Alexander Marie Stuyt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.
When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 {sect} 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations." The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.
The Compulsory Jurisdiction Of The International Court Of Justice
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Author : Renata Szafarz
language : en
Publisher: BRILL
Release Date : 2023-12-28
The Compulsory Jurisdiction Of The International Court Of Justice written by Renata Szafarz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Business & Economics categories.
States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.
Research Handbook On International Courts And Tribunals
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Author : William A. Schabas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On International Courts And Tribunals written by William A. Schabas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with categories.
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Questions Of Jurisdiction And Admissibility Before International Courts
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Author : Yuval Shany
language : en
Publisher: Cambridge University Press
Release Date : 2016
Questions Of Jurisdiction And Admissibility Before International Courts written by Yuval Shany 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 2016 with Law categories.
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
The International Tribunal For The Law Of The Sea
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Author : P. Chandrasekhara Rao
language : en
Publisher: BRILL
Release Date : 2022-10-04
The International Tribunal For The Law Of The Sea written by P. Chandrasekhara Rao and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-04 with Business & Economics categories.