The Exhaustion Of Local Remedies In The Case Law Of International Courts And Tribunals
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Author | : Sarah Joseph |
Publisher | : OUP Oxford |
Total Pages | : 1042 |
Release | : 2013-07-25 |
Genre | : Law |
ISBN | : 0191650234 |
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
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 | : Christopher F. Dugan |
Publisher | : Oxford University Press |
Total Pages | : 818 |
Release | : 2011-11-25 |
Genre | : Law |
ISBN | : 0199374880 |
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
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 | : Yuval Shany |
Publisher | : Cambridge University Press |
Total Pages | : 185 |
Release | : 2016 |
Genre | : Law |
ISBN | : 1107038790 |
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author | : Antônio Augusto Cançado Trindade |
Publisher | : Cambridge [Cambridgeshire] ; New York : Cambridge University Press |
Total Pages | : 443 |
Release | : 1983 |
Genre | : Social Science |
ISBN | : 9780521229470 |
This publication focuses on the relationship between general international law and the specific legal remedies established by individual treaties.
Author | : Marc Bungenberg |
Publisher | : Hart Pub Limited |
Total Pages | : 2000 |
Release | : 2014-11-30 |
Genre | : Law |
ISBN | : 9781849463638 |
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
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 | : Berk Demirkol |
Publisher | : Cambridge University Press |
Total Pages | : 291 |
Release | : 2018-01-11 |
Genre | : Law |
ISBN | : 1107198461 |
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Author | : Thomas Haesler |
Publisher | : |
Total Pages | : 172 |
Release | : 1968 |
Genre | : Exhaustion of local remedies (International law) |
ISBN | : |