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Author : Wellens
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)
Download or read book Economic Conflicts and Disputes Before the World Court (1922-1995), A Functional Analysis written by Wellens and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wellens
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900463827X
Total Pages : 331 pages
Book Rating : 4.0/5 (46 download)
Download or read book Economic Conflicts and Disputes Before the World Court (1922-1995), a Functional Analysis written by Wellens and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Author : K. C. Wellens
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101952
Total Pages : 340 pages
Book Rating : 4.1/5 (19 download)
Download or read book Economic Conflicts and Disputes Before the World Court written by K. C. Wellens and published by Martinus Nijhoff Publishers. This book was released on 1996-02-07 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an 'economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Author : Michelle T. Grando
Publisher : Oxford University Press
ISBN 13 : 019957264X
Total Pages : 446 pages
Book Rating : 4.1/5 (995 download)
Download or read book Evidence, Proof, and Fact-Finding in WTO Dispute Settlement written by Michelle T. Grando and published by Oxford University Press. This book was released on 2009-12-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Author : Nisuke Ando
Publisher : BRILL
ISBN 13 : 9004479961
Total Pages : 855 pages
Book Rating : 4.0/5 (44 download)
Download or read book Liber Amicorum Judge Shigeru Oda (2 vols) written by Nisuke Ando and published by BRILL. This book was released on 2021-12-06 with total page 855 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions.
Author : Nisuke Ando
Publisher : BRILL
ISBN 13 : 9004531173
Total Pages : 855 pages
Book Rating : 4.0/5 (45 download)
Download or read book Liber Amicorum Judge Shigeru Oda written by Nisuke Ando and published by BRILL. This book was released on 2022-11-07 with total page 855 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom Symes
Publisher : Cameron May
ISBN 13 : 1874698856
Total Pages : 936 pages
Book Rating : 4.8/5 (746 download)
Download or read book Environmental Litigation written by Tom Symes and published by Cameron May. This book was released on 2003 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Waibel
Publisher : Cambridge University Press
ISBN 13 : 1139496131
Total Pages : 429 pages
Book Rating : 4.1/5 (394 download)
Download or read book Sovereign Defaults before International Courts and Tribunals written by Michael Waibel and published by Cambridge University Press. This book was released on 2011-05-26 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.
Author : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1009373900
Total Pages : 529 pages
Book Rating : 4.0/5 (93 download)
Download or read book International Courts versus Non-Compliance Mechanisms written by Christina Voigt and published by Cambridge University Press. This book was released on 2024-02-29 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-compliance mechanisms are more important than ever for helping ensure the effective implementation of treaties, now and into the future.
Author : Esmé Shirlow
Publisher : Cambridge University Press
ISBN 13 : 1108490972
Total Pages : 381 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Author : Thomas M. Leonard
Publisher : Routledge
ISBN 13 : 1135205159
Total Pages : 1902 pages
Book Rating : 4.1/5 (352 download)
Download or read book Encyclopedia of the Developing World written by Thomas M. Leonard and published by Routledge. This book was released on 2013-10-18 with total page 1902 pages. Available in PDF, EPUB and Kindle. Book excerpt: A RUSA 2007 Outstanding Reference Title The Encyclopedia of the Developing World is a comprehensive work on the historical and current status of developing countries. Containing more than 750 entries, the Encyclopedia encompasses primarily the years since 1945 and defines development broadly, addressing not only economics but also civil society and social progress. Entries cover the most important theories and measurements of development; relate historical events, movements, and concepts to development both internationally and regionally where applicable; examine the contributions of the most important persons and organizations; and detail the progress made within geographic regions and by individual countries.
Author : Kaiyan Homi Kaikobad
Publisher : BRILL
ISBN 13 : 900448101X
Total Pages : 383 pages
Book Rating : 4.0/5 (44 download)
Download or read book The International Court of Justice and Judicial Review written by Kaiyan Homi Kaikobad and published by BRILL. This book was released on 2021-10-18 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.
Author : Math Noortmann
Publisher : Bloomsbury Publishing
ISBN 13 : 150990185X
Total Pages : 422 pages
Book Rating : 4.5/5 (99 download)
Download or read book Non-State Actors in International Law written by Math Noortmann and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Author : Peter Muchlinski
Publisher :
ISBN 13 : 0199231389
Total Pages : 1349 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Oxford Handbook of International Investment Law written by Peter Muchlinski and published by . This book was released on 2008 with total page 1349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Author : Eva Rieter
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004192263
Total Pages : 350 pages
Book Rating : 4.0/5 (41 download)
Download or read book Evolving Principles of International Law written by Eva Rieter and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
Author : Frank Bae
Publisher : BRILL
ISBN 13 : 9004502416
Total Pages : 764 pages
Book Rating : 4.0/5 (45 download)
Download or read book Searching the Law, 3d Edition written by Frank Bae and published by BRILL. This book was released on 2021-12-13 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Géraldine Giraudeau
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422923X
Total Pages : 557 pages
Book Rating : 4.0/5 (42 download)
Download or read book Les différends territoriaux devant le juge international written by Géraldine Giraudeau and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.
