The Case For An International Court Of Civil Justice
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Author | : Maya Steinitz |
Publisher | : |
Total Pages | : 257 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1107162858 |
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Author | : Maya Steinitz |
Publisher | : |
Total Pages | : |
Release | : 2018-06 |
Genre | : |
ISBN | : 9781316614990 |
Author | : Oliver James Lissitzyn |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 134 |
Release | : 2006 |
Genre | : International courts |
ISBN | : 1584777028 |
A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.
Author | : International Court of Justice |
Publisher | : |
Total Pages | : 882 |
Release | : |
Genre | : |
ISBN | : |
Author | : Permanent Court of International Justice |
Publisher | : |
Total Pages | : 588 |
Release | : 1952 |
Genre | : International law |
ISBN | : |
Author | : H. W. A. Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198779070 |
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.
Author | : International Court of Justice |
Publisher | : |
Total Pages | : 0 |
Release | : 1976 |
Genre | : International law |
ISBN | : |
Author | : Nerina Boschiero |
Publisher | : Springer Science & Business Media |
Total Pages | : 948 |
Release | : 2013-03-15 |
Genre | : Law |
ISBN | : 9067048941 |
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Author | : Pablo Bravo-Hurtado |
Publisher | : Springer Nature |
Total Pages | : 232 |
Release | : 2021-03-13 |
Genre | : Law |
ISBN | : 303063731X |
This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
Author | : Antonio Cassese |
Publisher | : Oxford University Press |
Total Pages | : 644 |
Release | : 2011-02-24 |
Genre | : Law |
ISBN | : 0199576785 |
The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.