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Provisional Measures before International Courts and Tribunals

Provisional Measures before International Courts and Tribunals Author Cameron A. Miles
ISBN-10 9781107125599
Release 2017-01-26
Pages 592
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A comprehensive and comparative overview of the law of provisional measures between different international courts and tribunals.



Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals Author Caroline E. Foster
ISBN-10 9781139500166
Release 2011-03-24
Pages
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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.



International Courts and Environmental Protection

International Courts and Environmental Protection Author Tim Stephens
ISBN-10 9780521881227
Release 2009-02-12
Pages 410
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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.



Manual on International Courts and Tribunals

Manual on International Courts and Tribunals Author Ruth Mackenzie
ISBN-10 9780199545278
Release 2010
Pages 547
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Previous ed. / edited by Philippe Sands. London : Butterworths, 1999



General Principles of Law as Applied by International Courts and Tribunals

General Principles of Law as Applied by International Courts and Tribunals Author Bin Cheng
ISBN-10 9780521030007
Release 1994
Pages 490
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In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.



Self Determination in Disputed Colonial Territories

Self Determination in Disputed Colonial Territories Author Jamie Trinidad
ISBN-10 9781108307789
Release 2018-02-15
Pages
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Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.



Fact Finding before the International Court of Justice

Fact Finding before the International Court of Justice Author James Gerard Devaney
ISBN-10 9781316720899
Release 2016-09-29
Pages
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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.



Dispute Settlement in the UN Convention on the Law of the Sea

Dispute Settlement in the UN Convention on the Law of the Sea Author Natalie Klein
ISBN-10 1139442538
Release 2005-01-06
Pages
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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.



A Farewell to Fragmentation

A Farewell to Fragmentation Author Mads Andenas
ISBN-10 9781107082090
Release 2015-07-07
Pages 524
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Explores the role of the International Court of Justice in the re-convergence of international law. The book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.



A Common Law of International Adjudication

A Common Law of International Adjudication Author Chester Brown
ISBN-10 019956390X
Release 2009
Pages 303
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Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assesses whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.



Conflict of Norms in Public International Law

Conflict of Norms in Public International Law Author Joost Pauwelyn
ISBN-10 1139436902
Release 2003-07-31
Pages
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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.



Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law Author Christian J. Tams
ISBN-10 1139448803
Release 2005-12-01
Pages
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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



Deference in International Courts and Tribunals

Deference in International Courts and Tribunals Author Lukasz Gruszczynski
ISBN-10 9780198716945
Release 2014
Pages 424
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International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.



Legal Consequences of Peremptory Norms in International Law

Legal Consequences of Peremptory Norms in International Law Author Daniel Costelloe
ISBN-10 9781107145030
Release 2017-09-07
Pages 300
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When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.



International Courts and the Development of International Law

International Courts and the Development of International Law Author Nerina Boschiero
ISBN-10 9789067048941
Release 2013-03-15
Pages 951
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.



One Another s Equals

One Another   s Equals Author Jeremy Waldron
ISBN-10 9780674659766
Release 2017-06-19
Pages 264
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An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.