Download or read book The International Court of Justice and the Judicial Function written by Gleider I Hernández and published by OUP Oxford. This book was released on 2014-05-29 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.
Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Peter Haberle and published by Mohr Siebeck. This book was released on 1997-12-31 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La Promotion de la Justice Des Droits de L homme Et Du R glement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Download or read book Cours g n ral de droit international public written by and published by Martinus Nijhoff Publishers. This book was released on 1973-09-19 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Position und Aufgaben des Richters nach westlichem und nach islamischem Recht written by Heinrich Scholler and published by Mohr Siebeck. This book was released on 2007 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: This volume contains the expanded articles written by a group of specialists in comparative legal history, oriental law and ethnological legal research who dealt with various aspects of the position and the function of the judge in Western and Islamic law during the 30th conference for comparative law in Wurzburg in 2005. In both legal systems, the main issue is basically the just judge. Attempts to guarantee that justice is done by a judge can be made in various ways and can complement each other, such as for example through a selection according to general knowledge and honesty, preordained professional careers or rules of procedure for the trial. German description: Dieser Band enthalt die erweiterten Beitrage der Fachgruppe fur vergleichende Rechtsgeschichte, orientalische Rechte und ethnologische Rechtsforschung, die sich auf der 30. Tagung fur Rechtsvergleichung in Wurzburg 2005 mit verschiedenen Aspekten von Position und Aufgaben des Richters nach westlichem und nach islamischem Recht beschaftigte. Dahinter steht in beiden Rechtssystemen letztlich die Frage nach dem gerechten Richter. Versuche, die Gerechtigkeit des Richters zu gewahrleisten, konnen in verschiedenster Weise erfolgen und sich erganzen, so z.B. durch Auswahl nach Sachkunde und Redlichkeit, vorgezeichnete Berufslaufbahnen oder Verfahrenvorschriften fur den Prozess. Im vorliegenden Band mit Beitragen von Wissenschaftlern aus Deutschland, der Turkei, Iran und dem Libanon werden sowohl historische wie aktuelle Aspekte dieses Themas behandelt.
Download or read book Les diff rends territoriaux devant le juge international written by Géraldine Giraudeau and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.
Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Download or read book Philosophy of Justice written by Guttorm Fløistad and published by Springer. This book was released on 2014-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents surveys of significant trends in contemporary philosophy. Contributing authors explore themes relating to justice including natural rights, equality, freedom, democracy, morality and cultural traditions. Key movements and thinkers are considered, ranging from ancient Greek philosophy, Roman and Christian traditions to the development of Muslim law, Enlightenment perspectives and beyond. Authors discuss important works, including those of Aristotle, Ibn Khaldun, John Locke, Immanuel Kant and Mary Wollstonecraft. Readers are also invited to examine Hegel and the foundation of right, Karl Marx as a utopian socialist and the works of Paul Ricœur, amongst the wealth of perspectives presented in this book. Through these chapters, readers are able to explore the relationship of the state to justice and consider the rights of the individual and the role of law. Contributions presented here discuss concepts including Sharia law, freedom in the community and Libertarian Anarchism. Readers may follow accounts of justice in the Scottish Enlightenment and consider fairness, social justice and the concept of injustice. The surveys presented here show different approaches and a variety of interpretations. Each contribution has its own bibliography.
Download or read book Les intelligences artificielles au prisme de la justice sociale Considering Artificial Intelligence Through the Lens of Social Justice written by Collectif Collectif and published by Presses de l'Université Laval. This book was released on 2023-11-15T00:00:00-05:00 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage vient clôturer deux années de réflexion intensive sur les enjeux à l’intersection entre la justice sociale et les technologies d’IA. Une compréhension de ces impacts sociétaux dépasse alors l’aspect technique pour se concentrer principalement sur le fait social.
Download or read book The Court of Justice and the Construction of Europe Analyses and Perspectives on Sixty Years of Case law La Cour de Justice et la Construction de l Europe Analyses et Perspectives de Soixante Ans de Jurisprudence written by Court of Justice of the European Un and published by Springer Science & Business Media. This book was released on 2012-12-05 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Download or read book Administration of Justice in Medieval Egypt written by Yaacov Lev and published by Edinburgh University Press. This book was released on 2020-03-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved four judicial institutions: the cadi, the court of complaint (mazalim), the police/shurta (responsible for criminal justice) and the Islamized market law (hisba) administrated by the market supervisor/muhtasib. Literary and non-literary sources are used to highlight how these institutions worked in real-time situations such as the famine of 1024-1025, which posed tremendous challenges to the market supervisors in Cairo. The inner workings of the court of complaint during the 11th-12th century Fatimid state are revealed through array of documentary sources. Further, non-Muslim communities, their courts and their sphere of responsibilities are treated as integral to how justice was dispensed in medieval Islam. Documentary sources offers significant insights into these issues and illuminate the scope and limits of non-Muslims self-rule/judicial autonomy.In sum, the book shows that the administrative and political history of the judiciary in medieval Egypt implicitly and explicitly illuminates broader questions about religious and social forces that shaped the lives of medieval people in the Middle East, Muslims and non-Muslims alike.
Download or read book Liber Amicorum In Memoriam of Judge Jos Mar a Ruda written by Calixto A. Armas Barea and published by BRILL. This book was released on 2021-10-18 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration.
Download or read book Volume du Congr s International pour l tude de l Ancien Testament Gen ve 1966 written by and published by BRILL. This book was released on 2014-10-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supplements to Vetus Testamentum written by International Organization for the Study of the Old Testament and published by Brill Archive. This book was released on with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Roots of International Law Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Download or read book Les acteurs du proc s written by Demo-Droit Programme and published by Council of Europe. This book was released on 1997-01-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Council of Europe legal co-operation with central and eastern European countries.
