The Use Of Experts By International Tribunals
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Author | : Makane Moise Mbengue |
Publisher | : BRILL |
Total Pages | : 102 |
Release | : 2019-10-29 |
Genre | : Law |
ISBN | : 9004420436 |
In Use of Experts in International Freshwater Disputes Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. Through case studies, they identify the lacunae as well as good practices in expert use in disputes of this nature.
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.
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.
Author | : Robert Howse |
Publisher | : Studies on International Courts and Tribunals |
Total Pages | : 547 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 1108424473 |
2.2 Procedural Rules and Issues
Author | : Peter Ashford |
Publisher | : Cambridge University Press |
Total Pages | : 193 |
Release | : 2013-01-17 |
Genre | : Law |
ISBN | : 1139620509 |
The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.
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.
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.
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.
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.
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.