Download or read book Interim Measures Indicated by International Courts written by Rudolf Bernhardt and published by Springer Science & Business Media. This book was released on 1994-10-24 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Download or read book Provisional Measures Issued by International Courts and Tribunals written by Fulvio Maria Palombino and published by Springer Nature. This book was released on 2020-12-02 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2 Dispute Settlement Under UNCLOS

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.

Download or read book Interim Measures in The Hague Court written by Jerzy Sztucki and published by Brill Archive. This book was released on 1983-01-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise/casebook is the established standard & authoritative treatment of the rapidly expanding international civil litigation field. The detailed commentary, case analyses, & materials will assist the busy practitioner find comprehensive & practical answers to countless questions that arise in disputes involving foreign parties or transactions. Exhaustive annotations & footnotes provide invaluable research assistance, while clearly written analyses identify key issues. Detailed appendices, practice pointers, model forms, model clauses, an easy-to-use table of contents, & an extensive index all facilitate research.

Download or read book Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection written by Ewa Sałkiewicz-Munnerlyn and published by Springer Nature. This book was released on 2021-10-13 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Interim Protection written by Jerome B. Elkind and published by Martinus Nijhoff Publishers. This book was released on 1981-09-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Urgency and Human Rights written by Eva Rieter and published by Springer Nature. This book was released on 2020-11-21 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Interim Measures of Protection in International Controversies written by E. Dumbauld and published by Springer. This book was released on 2012-12-06 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author hopes that the present work may be of value to his colleagues in the legal profession who in one way or another are called upon to take part in the administration of international justice according to law. By a happy coincidence it was concluded on the tenth anniversary of the establishment of the Permanent Court of International Justice. The author is conscious of divers shortcomings. In particular he wishes that the survey of national law in Chapter II were more comprehensive and complete, and regrets that he was not per mitted to examine the original documents in the case of Count ess Szechenyi before the Czechoslovak-Hungarian Mixed Arbi tral Tribunal. Investigation of the briefs and records of cases be fore the United States Supreme Court might bring to light infor mation not found in the reports. The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many lands with whom he has had the benefit of valuable discussions in rem, not to speak of purely personal courtesies and indirect help. If there exists such a thing as international intellectual co-operation, this study may be regarded as one of its fruits.

Download or read book Interim Measures of International Courts and Tribunals written by Tatyana A. Keselj and published by . This book was released on 2000 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Download or read book Preventing Irreparable Harm written by Eva R. Rieter and published by . This book was released on 2010 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))

Download or read book Provisional Measures in International Law written by Shabtai Rosenne and published by Oxford University Press on Demand. This book was released on 2005 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the PermanentCourt of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest bydeciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventionsadopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principalorgan.

Download or read book Interim and Emergency Relief in International Arbitration International Law Institute Series on International Law Arbitration and Practice written by Diora Ziyaeva and published by Juris Publishing, Inc.. This book was released on 2015-05-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

Download or read book International Adjudication written by V. S. Mani and published by Brill Archive. This book was released on 1980 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The World Court and the Contemporary International Law Making Process written by Edward McWhinney and published by BRILL. This book was released on 1979-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disaster response has been described as the last resort of the amateur: an unkind assessment but not without a grain of truth. Disaster generates an emotional response, & new disaster organisations are born with each new disaster. Lessons of the past on disaster management have to be learned anew. The need to increase the professionalism of disaster response is evident. All the more so as, in disaster terms, the world is getting worse, not better. Disasters become more complex, frequently involving the interaction of a disaster event, politics & technology. The last few years have also seen a growth in research into the area of disaster response. Too often, however, disaster researchers & disaster organisations have gone their separate ways. There is a need for these two groups to get together to devise more practical & professional approaches to disaster response. The World Disasters Report , produced by the International Federation of Red Cross & Red Crescent Societies with the Centre for Research on the Epidemiology of Disasters, is a contribution to this effort of professionalisation. It provides facts & statistics, analysis & an exploration of trends, to dispel a number of myths about disasters & to define & advocate good practice. This is the first volume of Annual Reports which will become a vital tool for all those involved in the area of disaster response.