Regulating Jurisdictional Relations Between National And International Courts
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Contemporary Issues In International Arbitration And Mediation
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Author : Arthur W. Rovine
language : en
Publisher: BRILL
Release Date : 2008
Contemporary Issues In International Arbitration And Mediation written by Arthur W. Rovine and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following five parts:Part I: Investor-State ArbitrationPart II: Conduct of International Arbitration and Jurisdictional IssuesPart III: Remedies and DefensesPart IV: Ethics Issues in International ArbitrationPart V: Mediation
Regulating Jurisdictional Relations Between National And International Courts
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Author : Yuval Shany
language : en
Publisher: OUP Oxford
Release Date : 2007-08-16
Regulating Jurisdictional Relations Between National And International Courts written by Yuval Shany and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-16 with Law categories.
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
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.
A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher:
Release Date : 2007
A Common Law Of International Adjudication written by Chester Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Arbitration (International law) categories.
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
International Law In Domestic Courts
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Author : André Nollkaemper
language : en
Publisher:
Release Date : 2018
International Law In Domestic Courts written by André Nollkaemper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Deference In International Courts And Tribunals
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Author : Lukasz Gruszczynski
language : en
Publisher: OUP Oxford
Release Date : 2014-10-09
Deference In International Courts And Tribunals written by Lukasz Gruszczynski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-09 with Law categories.
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Manual On International Courts And Tribunals
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Author : Ruth Mackenzie
language : en
Publisher:
Release Date : 2010
Manual On International Courts And Tribunals written by Ruth Mackenzie 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.
The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.
International Criminal Tribunals And Domestic Accountability
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Author : Patryk I. Labuda
language : en
Publisher: Oxford University Press
Release Date : 2023
International Criminal Tribunals And Domestic Accountability written by Patryk I. Labuda 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 2023 with Law categories.
By interrogating how international criminal tribunals relate to their domestic counterparts through the principle of complementarity, International Criminal Tribunals and Domestic Accountability advocates for improved institutional design and less deference toward states to strengthen the enforcement of international criminal law.
Jurisdiction In International Law
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Author : Cedric Ryngaert
language : en
Publisher:
Release Date : 2015
Jurisdiction In International Law written by Cedric Ryngaert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Research Handbook On Global Administrative Law
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Author : Sabino Cassese
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-02-27
Research Handbook On Global Administrative Law written by Sabino Cassese 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 2016-02-27 with Law categories.
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.