Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals
Author: Caroline E. Foster
Publisher: Cambridge University Press
Total Pages: 0
Release: 2013-10-10
Genre: Law
ISBN: 9781107669031

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 contextualizing developments in the taking of expert evidence and analyzing 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 judgments and awards.

Legitimacy and International Courts

Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
Total Pages: 397
Release: 2018-02-22
Genre: Law
ISBN: 1108540228

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals
Author: Theresa Squatrito
Publisher: Cambridge University Press
Total Pages: 471
Release: 2018-04-05
Genre: Law
ISBN: 1108425690

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

International Courts and Tribunals

International Courts and Tribunals
Author: William Schabas
Publisher:
Total Pages: 0
Release: 2014
Genre: International courts
ISBN: 9781782547778

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.

International Judicial Practice on the Environment

International Judicial Practice on the Environment
Author: Christina Voigt
Publisher: Cambridge University Press
Total Pages: 505
Release: 2019-04-18
Genre: Law
ISBN: 1108497179

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

The Law and Practice of the International Court, 1920-2005 (4 vols)

The Law and Practice of the International Court, 1920-2005 (4 vols)
Author: Shabtai Rosenne
Publisher: BRILL
Total Pages: 1979
Release: 2006-02-01
Genre: Law
ISBN: 904740579X

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice’s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: • The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court’s affairs. • Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court’s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. • The Court’s procedure. All of these arenas have undergone significant recent changes. The work’s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Fact-Finding before the International Court of Justice

Fact-Finding before the International Court of Justice
Author: James Gerard Devaney
Publisher: Cambridge University Press
Total Pages: 307
Release: 2016-09-29
Genre: Law
ISBN: 1316720896

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals
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.