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| Author | : Shabtai Rosenne |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 225 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9004157271 |
This work analyzes the complexity of interpretation, revision, and other forms of 'reference' to the International Court from some other international body, court or arbitral tribunal.
| Author | : Kate Purcell |
| Publisher | : Oxford Monographs in Internati |
| Total Pages | : 337 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0198743645 |
Originally presented as the author's thesis (doctoral)--University of Cambridge, [2015?]
| Author | : Paulo Pinto de Albuquerque |
| Publisher | : Springer Nature |
| Total Pages | : 671 |
| Release | : 2019-08-21 |
| Genre | : Law |
| ISBN | : 3030207447 |
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
| Author | : Shabtai Rosenne |
| Publisher | : BRILL |
| Total Pages | : 700 |
| Release | : 2007-05-30 |
| Genre | : Law |
| ISBN | : 9047421108 |
This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.
| Author | : Nikolai Wessendorf |
| Publisher | : OUP Oxford |
| Total Pages | : 3795 |
| Release | : 2012-11-22 |
| Genre | : Law |
| ISBN | : 019165387X |
Since the second edition of this commentary on the Charter of the United Nations was published, the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine. This is the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice, and is an indispensable work of reference for all those interested in the UN.The Commentary will be crucial in providing new directions for the development of international law and the United Nations in the twenty-first century.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 6378 |
| Release | : 2024-07-04 |
| Genre | : Law |
| ISBN | : 0192679732 |
Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
| Author | : Cameron A. Miles |
| Publisher | : Cambridge University Press |
| Total Pages | : 591 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1316776689 |
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.
| Author | : Chittharanjan F. Amerasinghe |
| Publisher | : BRILL |
| Total Pages | : 314 |
| Release | : 2011-02-14 |
| Genre | : Law |
| ISBN | : 9004214763 |
International Arbitral Jurisdiction analyzes the jurisdictional powers of international arbitral tribunals in areas of fundamental importance. The volume clarifies how tribunals have approached problems in consensual arrangements for submission to tribunals, and describes the general principles that have emerged. The text also examines special aspects of the jurisdiction of the Iran United States Claims Tribunal, which has a distinctive character in the context of modern international relations. International Arbitral Jurisdiction is a valuable, comprehensive and timely addition to the literature on international arbitration. It is intended to be a companion text to two preceding volumes on international jurisdiction by the same author, namely Jurisdiction of International Tribunals (2003) and Jurisdiction of Specific International Tribunals (2009).
| Author | : Caroline E. Foster |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2011-03-24 |
| Genre | : Law |
| ISBN | : 1139500163 |
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.
