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Challenging Acts of International Organizations Before National Courts

Challenging Acts of International Organizations Before National Courts Author August Reinisch
ISBN-10 9780199595297
Release 2010-09-09
Pages 302
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An increasing number of challenges against the activities and decisions of international organisations are brought before national courts. This book offers an overview of how different courts have dealt with these cases and an analysis of the legal framework which applies to them, identifying common ground across jurisdictions.



The Privileges and Immunities of International Organizations in Domestic Courts

The Privileges and Immunities of International Organizations in Domestic Courts Author August Reinisch
ISBN-10 9780199679409
Release 2013-09-12
Pages 376
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Proceedings of a conference on "Transnational Judicial Dialogue of Domestic Courts on International Organisations" at the Law School of the Universtiy of Vienna on 23 April 2012.



The Practice of International and National Courts and the De Fragmentation of International Law

The Practice of International and National Courts and the  De  Fragmentation of International Law Author Ole Kristian Fauchald
ISBN-10 9781847319159
Release 2014-10-01
Pages 382
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.



In Whose Name

In Whose Name Author Armin von Bogdandy
ISBN-10 9780191026959
Release 2014-07-24
Pages 400
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.



National Courts and the International Rule of Law

National Courts and the International Rule of Law Author André Nollkaemper
ISBN-10 9780191652820
Release 2012
Pages 384
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court revieweddetention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian SupremeCourt reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.



Standards of Investment Protection

Standards of Investment Protection Author August Reinisch
ISBN-10 9780199547432
Release 2008
Pages 264
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This book provides a guide to the application of substantive standards of treatment, routinely included in investment treaties. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, presenting the emerging consensus shaping how they should be applied in practice.



Encyclopedia of Public International Law

Encyclopedia of Public International Law Author Rudolf Bernhardt
ISBN-10 STANFORD:36105060981557
Release 1995-01-01
Pages 1530
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Encyclopedia of Public International Law has been writing in one form or another for most of life. You can find so many inspiration from Encyclopedia of Public International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Encyclopedia of Public International Law book for free.



The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies

The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies Author August Reinisch
ISBN-10 9780198744610
Release 2016-03-03
Pages 1056
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The book provides a comprehensive overview and detailed discussion of the Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies distinguished legal scholars, experts and practitioners in their respective fields of law.



Decisions of International Institutions Before Domestic Courts

Decisions of International Institutions Before Domestic Courts Author Christoph Schreuer
ISBN-10 STANFORD:36105043672422
Release 1981
Pages 407
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Decisions of International Institutions Before Domestic Courts has been writing in one form or another for most of life. You can find so many inspiration from Decisions of International Institutions Before Domestic Courts also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Decisions of International Institutions Before Domestic Courts book for free.



New Perspectives on the Divide Between National and International Law

New Perspectives on the Divide Between National and International Law Author Janne Elisabeth Nijman
ISBN-10 9780199231942
Release 2007
Pages 380
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This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.



International Financial Institutions and International Law

International Financial Institutions and International Law Author David B. Hunter
ISBN-10 9789041128812
Release 2010
Pages 404
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Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs' operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: * IFIs' impact on economic policies in Member States; * IFI operations as private financial transactions; * IFIs as key players in the creation of international law; * IFIs as promoters of the international capitalist system; * IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; * consequences of an IFI's breach of its own internal policies or directives; * IFI immunity; * IFI capacity to sue and to be sued in national courts; * ability of various claimants to sue IFIs in domestic courts; * environmental and social rights and interests of third parties affected by IFI financing; * right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and * IFIs' treatment of workers' rights.



Immunities in the Age of Global Constitutionalism

Immunities in the Age of Global Constitutionalism Author Anne Peters
ISBN-10 9789004251632
Release 2014-11-07
Pages 378
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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.



The European Court and National Courts doctrine and Jurisprudence

The European Court and National Courts  doctrine and Jurisprudence Author Anne-Marie Slaughter
ISBN-10 UOM:39015047138592
Release 1998
Pages 400
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The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and, especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.



Jahrbuch F r Internationales Recht

Jahrbuch F  r Internationales Recht Author
ISBN-10 STANFORD:36105060322596
Release 2002
Pages 674
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Jahrbuch F r Internationales Recht has been writing in one form or another for most of life. You can find so many inspiration from Jahrbuch F r Internationales Recht also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Jahrbuch F r Internationales Recht book for free.



The International Criminal Court and National Courts

The International Criminal Court and National Courts Author Nidal Nabil Jurdi
ISBN-10 9781317027300
Release 2016-03-03
Pages 332
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This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.



Beyond Human Rights

Beyond Human Rights Author
ISBN-10 9781107164307
Release
Pages
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Beyond Human Rights has been writing in one form or another for most of life. You can find so many inspiration from Beyond Human Rights also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Beyond Human Rights book for free.



Access to Justice and International Organizations

Access to Justice and International Organizations Author Pierre Schmitt
ISBN-10 9781786432896
Release 2017-08-25
Pages 416
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Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.