Full Read and Download Reference eBook
Questions Of Jurisdiction And Admissibility Before International Courts Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Questions Of Jurisdiction And Admissibility Before International Courts book. This book definitely worth reading, it is an incredibly well-written.
Author : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 28,33 MB
Release : 2016
Category : Law
ISBN : 1107038790
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author : Filippo Fontanelli
Publisher : BRILL
Page : 199 pages
File Size : 10,37 MB
Release : 2018-03-27
Category : Law
ISBN : 9004366490
In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.
Author : William Schabas
Publisher :
Page : 0 pages
File Size : 14,27 MB
Release : 2014
Category : 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 : William A. Schabas
Publisher : Edward Elgar Publishing
Page : 573 pages
File Size : 48,62 MB
Release : 2017-02-24
Category : Law
ISBN : 1781005028
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Author : Juan José Quintana
Publisher : BRILL
Page : 1364 pages
File Size : 15,82 MB
Release : 2015-05-19
Category : Law
ISBN : 9004297510
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.
Author : Maya Steinitz
Publisher :
Page : 257 pages
File Size : 45,65 MB
Release : 2019
Category : Law
ISBN : 1107162858
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Author : Hanqin Xue
Publisher : BRILL
Page : 262 pages
File Size : 43,86 MB
Release : 2017-07-03
Category : Law
ISBN : 9004342761
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
Author : Renata Szafarz
Publisher : BRILL
Page : 202 pages
File Size : 19,78 MB
Release : 2023-12-28
Category : Business & Economics
ISBN : 9004633243
States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.
Author : Chiara Giorgetti
Publisher : BRILL
Page : 644 pages
File Size : 31,46 MB
Release : 2012-02-17
Category : Law
ISBN : 9004194835
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author : Chittharanjan F. Amerasinghe
Publisher : BRILL
Page : 943 pages
File Size : 26,94 MB
Release : 2002-08-01
Category : Law
ISBN : 9047403142
This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.