The Procedural Status Of The Individual Before International And Supranational Tribunals
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The Procedural Status Of The Individual Before International And Supranational Tribunals
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Author : W. Paul Gormley
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Procedural Status Of The Individual Before International And Supranational Tribunals written by W. Paul Gormley 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 2012-12-06 with Law categories.
The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.
The International Law Character Of The Iran United States Claims Tribunal
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Author : Mohsen Mohebi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
The International Law Character Of The Iran United States Claims Tribunal written by Mohsen Mohebi 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 2023-09-20 with Law categories.
Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of res judicata regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. The International Law Character of the Iran-United States Claims Tribunal includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail in Part Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.
International Law In Transition
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Author : Dhokalia
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
International Law In Transition written by Dhokalia 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 2023-09-20 with Law categories.
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.
The Evolving International Procedural Capacity Of Individuals
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Author : Katrin Fenrich
language : en
Publisher: Springer
Release Date : 2019-06-19
The Evolving International Procedural Capacity Of Individuals written by Katrin Fenrich and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-19 with Law categories.
This book critically addresses the still prevalent assumption of the individual’s procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual’s perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual’s role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.
Proportionality In Investor State Arbitration
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Author : Gebhard B?cheler
language : en
Publisher: OUP Oxford
Release Date : 2015-06-11
Proportionality In Investor State Arbitration written by Gebhard B?cheler and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-11 with Law categories.
While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.
Digest Of United States Practice In International Law
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Author :
language : en
Publisher:
Release Date : 1977
Digest Of United States Practice In International Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with International law categories.
Experiments In International Adjudication
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Author : Ignacio de la Rasilla
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Experiments In International Adjudication written by Ignacio de la Rasilla 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 2019-03-28 with Law categories.
Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
A United Nations High Commissioner For Human Rights
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Author : Roger Stenson Clark
language : en
Publisher: Springer
Release Date : 2013-12-01
A United Nations High Commissioner For Human Rights written by Roger Stenson Clark and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
prospects of the High Commissioner proposal with careful scholarship and shrewd judgment. Mr. Clark wrote the first draft of this book under my supervision for the degree of Doctor of the Science of Law at Columbia Law School before returning to take up his career as a law teacher in his native New Zealand. I am delighted that his work, in this improved and updated version, is now being published. It fills a real need, since it is the first book on this important subject. On this occasion it might be appropriate to add a few comments on the history of the High Commissioner proposal. As Mr. Clark indicates, I had something to do with its "revival" in the United States Government during the closing months of the Kennedy Administration. A few details as to how this "revival" took place may perhaps be useful to students of international relations and international organization.
Judge Ant Nio A Can Ado Trindade The Construction Of A Humanized International Law
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Author : Antônio Augusto Cançado Trindade
language : en
Publisher: Hotei Publishing
Release Date : 2015-01-27
Judge Ant Nio A Can Ado Trindade The Construction Of A Humanized International Law written by Antônio Augusto Cançado Trindade and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with Law categories.
This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).
The International Legal Personality Of The Individual
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Author : Astrid Kjeldgaard-Pedersen
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09
The International Legal Personality Of The Individual written by Astrid Kjeldgaard-Pedersen 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 2018-08-09 with Law categories.
This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.