Case Concerning The Application Of The Convention Of 1902 Governing The Guardianship Of Infants Netherlands V Sweden

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The Netherlands in Court

Author : Niels M. Blokker
Publisher : BRILL
ISBN 13 : 9047418697
Total Pages : 277 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Netherlands in Court by : Niels M. Blokker

Download or read book The Netherlands in Court written by Niels M. Blokker and published by BRILL. This book was released on 2007-04-30 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings. This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.

The Application of Teachings by the International Court of Justice

Author : Sondre Torp Helmersen
Publisher : Cambridge University Press
ISBN 13 : 1108844146
Total Pages : 273 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Application of Teachings by the International Court of Justice by : Sondre Torp Helmersen

Download or read book The Application of Teachings by the International Court of Justice written by Sondre Torp Helmersen and published by Cambridge University Press. This book was released on 2021-03-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length systematic examination of how teachings are used in practice in international law.

The World Court Reference Guide

Author : Bimal N. Patel
Publisher : BRILL
ISBN 13 : 9004481230
Total Pages : 950 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The World Court Reference Guide by : Bimal N. Patel

Download or read book The World Court Reference Guide written by Bimal N. Patel and published by BRILL. This book was released on 2021-10-01 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: A single-volume comprehensive overview of procedural aspects of the jurisprudence of the World Court, this work offers: - Statements of initial claims, counter-claims of the contentious cases and questions submitted for the advisory opinions; - Summarised details of all orders, the duration of the oral and written proceedings and coverage of requests for extension of time-limits; - Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, composition of the Court and declarations and opinions of its Members; - Systematic reference on legal instruments such as the Covenant of the League of Nations, the UN Charter, the PCIJ and ICJ Statutes, the Rules of Court, the Arbitral Awards, PCIJ and ICJ case-law, Treaties and inter(national) legal sources; - Coverage of information on litigation teams (agents, counsels, advocates, experts, advisers, etc.); - Indexes containing all versions of the PCIJ and the ICJ Rules of Court, League Covenant, UN Charter, Arbitral Awards, PCIJ and ICJ case-law and Treaties. - The Guide will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. "I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement. There is also a practical side to this, in light of the Court's wish, in Practice Directions VII and VIII, to introduce different `cooling off periods' for different personalities connected with the Court's judicial work. [...] For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited." - From the Introduction by Shabtai Rosenne

Litigation at the International Court of Justice

Author : Juan José Quintana
Publisher : BRILL
ISBN 13 : 9004297510
Total Pages : 1364 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Litigation at the International Court of Justice by : Juan José Quintana

Download or read book Litigation at the International Court of Justice written by Juan José Quintana and published by BRILL. This book was released on 2015-05-19 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law Concerning Child Civilians in Armed Conflict

Author : Jenny Kuper
Publisher : Oxford University Press
ISBN 13 : 9780198264859
Total Pages : 324 pages
Book Rating : 4.2/5 (648 download)

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Book Synopsis International Law Concerning Child Civilians in Armed Conflict by : Jenny Kuper

Download or read book International Law Concerning Child Civilians in Armed Conflict written by Jenny Kuper and published by Oxford University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

Digest of International Law

Author : Marjorie Millace Whiteman
Publisher :
ISBN 13 :
Total Pages : 1490 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Digest of International Law by : Marjorie Millace Whiteman

Download or read book Digest of International Law written by Marjorie Millace Whiteman and published by . This book was released on 1971 with total page 1490 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Court of Justice and Municipal Courts

Author : Oktawian Kuc
Publisher : Routledge
ISBN 13 : 1000580512
Total Pages : 304 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The International Court of Justice and Municipal Courts by : Oktawian Kuc

Download or read book The International Court of Justice and Municipal Courts written by Oktawian Kuc and published by Routledge. This book was released on 2022-04-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

The World Court Reference Guide and Case-Law Digest

Author : Bimal Patel
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004261893
Total Pages : 1194 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The World Court Reference Guide and Case-Law Digest by : Bimal Patel

Download or read book The World Court Reference Guide and Case-Law Digest written by Bimal Patel and published by Martinus Nijhoff Publishers. This book was released on 2014-04-10 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: “Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506253
Total Pages : 283 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulatory Freedom and Indirect Expropriation in Investment Arbitration by : Aniruddha Rajput

Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.

The International Minimum Standard and Fair and Equitable Treatment

Author : Martins Paparinskis
Publisher : OUP Oxford
ISBN 13 : 0191640239
Total Pages : 318 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The International Minimum Standard and Fair and Equitable Treatment by : Martins Paparinskis

Download or read book The International Minimum Standard and Fair and Equitable Treatment written by Martins Paparinskis and published by OUP Oxford. This book was released on 2013-01-31 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Transnational Constitutionalism

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
ISBN 13 : 113946468X
Total Pages : 348 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Transnational Constitutionalism by : Nicholas Tsagourias

Download or read book Transnational Constitutionalism written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2007-07-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

European Yearbook / Annuaire Europeen 1962

Author : Council of Europe/Conseil de L'Europe
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024709311
Total Pages : 760 pages
Book Rating : 4.7/5 (93 download)

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Book Synopsis European Yearbook / Annuaire Europeen 1962 by : Council of Europe/Conseil de L'Europe

Download or read book European Yearbook / Annuaire Europeen 1962 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1964-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the OECD. The series offers a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date overview of the member states of each organisation. This special anniversary volume celebrates 60 years of publication of the Yearbook, and its contents differs from that of the regular volumes therefore. It offers a selection of the most important articles, dealing with European cooperation and integration, to appear in the Yearbook during its 60 years of publication. These are of particular interest not only because they provide a unique historical snapshot of the many successes (and occasional failures) in the field of European integration but also because they discuss the ideals and aims that lay behind these efforts, many of which still resonate today as Europe confronts questions about its political destiny and ideal shape. This volume contains articles in English and French."

Proof and the Burden of Proof in International Investment Law

Author : Giulio Alvaro Cortesi
Publisher : Springer Nature
ISBN 13 : 3030963438
Total Pages : 240 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Proof and the Burden of Proof in International Investment Law by : Giulio Alvaro Cortesi

Download or read book Proof and the Burden of Proof in International Investment Law written by Giulio Alvaro Cortesi and published by Springer Nature. This book was released on 2022-04-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Uniform Law

Author : Jürgen Basedow
Publisher : Mohr Siebeck
ISBN 13 : 3161641280
Total Pages : 556 pages
Book Rating : 4.1/5 (616 download)

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Book Synopsis Uniform Law by : Jürgen Basedow

Download or read book Uniform Law written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2024-11-04 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Pillars of Global Law

Author : Giuliana Ziccardi Capaldo
Publisher : Routledge
ISBN 13 : 1317021347
Total Pages : 452 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Pillars of Global Law by : Giuliana Ziccardi Capaldo

Download or read book The Pillars of Global Law written by Giuliana Ziccardi Capaldo and published by Routledge. This book was released on 2016-02-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Negotiations in the Case Law of the International Court of Justice

Author : Karel Wellens
Publisher : Routledge
ISBN 13 : 1317089138
Total Pages : 621 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Negotiations in the Case Law of the International Court of Justice by : Karel Wellens

Download or read book Negotiations in the Case Law of the International Court of Justice written by Karel Wellens and published by Routledge. This book was released on 2016-04-22 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.

From Bilateralism to Community Interest

Author : Ulrich Fastenrath
Publisher :
ISBN 13 : 0199588813
Total Pages : 1374 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis From Bilateralism to Community Interest by : Ulrich Fastenrath

Download or read book From Bilateralism to Community Interest written by Ulrich Fastenrath and published by . This book was released on 2011 with total page 1374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.