Download or read book The Prospects of International Adjudication written by Clarence Wilfred Jenks and published by . This book was released on 1964 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of International Institutions the Prospects of International Adjudication written by C.W. Jenks and published by . This book was released on 1964 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Common Law of International Adjudication written by Chester Brown and published by International Courts and Tribu. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.
Download or read book Questions of Jurisdiction and Admissibility before International Courts written by Yuval Shany and published by Cambridge University Press. This book was released on 2016 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Download or read book The Environment Conflict Nexus in International Law written by Eliana Cusato and published by Cambridge University Press. This book was released on 2021-09-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.
Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Download or read book Commissions of Inquiry written by Christian Henderson and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.
Download or read book Adjudicating Climate Change written by Kenson Mutethia and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a consensus in climate science - the science that studies climate and climate change -and in the international community that without ambitious climate action, multiple tipping points will be triggered thereby causing adverse impacts on biodiversity and ecosystems. That being the case, the overarching question remains to be-are we taking adequate mitigation and adaptation measures to prevent the negative climate change impacts before these multiple tipping points are triggered? To answer this question, two immutable principles come intoplay. First, you cannot use an old map to explore a new world and relatedly to this, insanityis doing the same thing over and over again and expecting different results. From these, it is suggested that if we are to make any progress in combating climate change, we ought to review whether the intergovernmental negotiations paradigm where political actors play the dominant role in the development of norms to deal with climate change is adequate to counter the looming existential threat of climate change. The underpinning argument here is that while intergovernmental negotiations have not irretrievably broken down the frays of multilateralism, an ambitious and progressive climate action demands a more deliberate inclusion of international adjudication as a supplementary tool to complement and overcome the blind spots of international negotiations. International adjudication will strengthen multilateralism and salvage international negotiations from becoming “empty institutional hangovers” of a lingering status quo in the face of the unfolding climate disaster. The article specifically focuses on the “progressive” action to involve international adjudicatory bodiesthrough their advisory jurisdiction to help clarify the obligations of States and the legal consequences thereof arising from States' obligations in respect of climate change. An advisory function here signifies progress and is a valuable tool to bridge the gap between the reality of climate change impacts and the uncertainty in the promise of international law to tackle this reality. The article particularly addresses the prospects of the initiative of Vanuatu to have the UN General Assembly request an advisory opinion on climate change from the International Court of Justice (“ICJ”). Based on the draft UN General Assembly Resolution on: “Request for an advisory opinion of the ICJ on the obligations of States in respect of climate change” circulated by Vanuatu to the broader UN membership on 30th November 2022, to analyse the prospects of an advisory opinion, the article identifies three aspects: jurisdiction of the ICJ, discretion and potential compelling reasons and the utility of the advisory to the UN General Assembly. After weighing the legal and political risks attendant to an ICJ advisory opinion, the article concludes that while our climate change situation demands this “progressive” intervention it should not be lost that international adjudication and particularly an advisory opinion by the ICJ on climate change is not the panacea and will not solve the problems derived from climate change. Nevertheless, used as a bridging gap, it will enhance the interpretation and application of applicable treaties, conventions, policy intentions and rules in light of climate change.
Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Download or read book Climate Change Litigation Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Download or read book Why Adjudicate written by Christina L. Davis and published by Princeton University Press. This book was released on 2012-05-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Download or read book Civil Society in Investment Treaty Arbitration written by Farouk El-Hosseny and published by Nijhoff International Investme. This book was released on 2018 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Society in Investment Treaty Arbitration: Status and Prospects' provides an overview of the evolution of civil society?s participation as amicus curiae before ICSID tribunals and ad hoc tribunals applying the UNCITRAL Arbitration Rules. That evolution fits within a broader movement towards transparency in investment treaty arbitration. By looking at the procedural roles available to civil society before other jurisdictions, the book questions whether the amicus role could be expanded. El-Hosseny ultimately shows how substance and procedure closely intertwine. The issue of civil society?s participation in investment treaty arbitration transcends the procedural realm. It is equally about arbitral tribunals? openness vis-à-vis public interest, environmental protection and human rights issues - a crucial consideration in ongoing debates over the legitimacy of investor-state arbitration.00.
Download or read book Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Download or read book Essays on International Law and Organization written by Leo Gross and published by Springer. This book was released on 2014-11-14 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:
