The Exhaustion of Local Remedies in the Case Law of International Courts and Tribunals
Author | : Thomas Haesler |
Publisher | : |
Total Pages | : 172 |
Release | : 1968 |
Genre | : Exhaustion of local remedies (International law) |
ISBN | : |
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Author | : Thomas Haesler |
Publisher | : |
Total Pages | : 172 |
Release | : 1968 |
Genre | : Exhaustion of local remedies (International law) |
ISBN | : |
Author | : Chittharanjan Felix Amerasinghe |
Publisher | : Cambridge University Press |
Total Pages | : 488 |
Release | : 2004-01-15 |
Genre | : Political Science |
ISBN | : 9781139450157 |
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Author | : Jan Paulsson |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2005-10-06 |
Genre | : Law |
ISBN | : 1139448285 |
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author | : Christopher Dugan |
Publisher | : Oxford University Press, USA |
Total Pages | : 818 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 019979572X |
I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
Author | : Fulvio Maria Palombino |
Publisher | : Springer Nature |
Total Pages | : 365 |
Release | : 2020-12-02 |
Genre | : Law |
ISBN | : 9462654115 |
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.
Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 1233 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198745362 |
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Author | : Yuval Shany |
Publisher | : OUP Oxford |
Total Pages | : 256 |
Release | : 2007-08-16 |
Genre | : Law |
ISBN | : 9780199211791 |
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Author | : Cameron A. Miles |
Publisher | : Cambridge University Press |
Total Pages | : 591 |
Release | : 2017-01-26 |
Genre | : Law |
ISBN | : 1107125596 |
2 Dispute Settlement Under UNCLOS