The Procedural Status Of The Individual Before International And Supranational Tribunals

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The Procedural Status of the Individual before International and Supranational Tribunals

Author : W. Paul Gormley
Publisher : Springer Science & Business Media
ISBN 13 : 9401195307
Total Pages : 220 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis The Procedural Status of the Individual before International and Supranational Tribunals by : W. Paul Gormley

Download or read book The Procedural Status of the Individual before International and Supranational Tribunals written by W. Paul Gormley and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.

The International Law Character of the Iran-United States Claims Tribunal

Author : Mohsen Mohebi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635246
Total Pages : 448 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The International Law Character of the Iran-United States Claims Tribunal by : Mohsen Mohebi

Download or read book The International Law Character of the Iran-United States Claims Tribunal written by Mohsen Mohebi and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of res judicata regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. The International Law Character of the Iran-United States Claims Tribunal includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail in Part Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.

International Law in Transition

Author : Dhokalia
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637877
Total Pages : 411 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Law in Transition by : Dhokalia

Download or read book International Law in Transition written by Dhokalia and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

The Evolving International Procedural Capacity of Individuals

Author : Katrin Fenrich
Publisher : Springer
ISBN 13 : 3030192814
Total Pages : 309 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Evolving International Procedural Capacity of Individuals by : Katrin Fenrich

Download or read book The Evolving International Procedural Capacity of Individuals written by Katrin Fenrich and published by Springer. This book was released on 2019-06-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically addresses the still prevalent assumption of the individual’s procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual’s perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual’s role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.

Proportionality in Investor-State Arbitration

Author : Gebhard Bücheler
Publisher : Oxford University Press, USA
ISBN 13 : 0198724330
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Proportionality in Investor-State Arbitration by : Gebhard Bücheler

Download or read book Proportionality in Investor-State Arbitration written by Gebhard Bücheler and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

Digest of United States Practice in International Law

Author :
Publisher :
ISBN 13 :
Total Pages : 884 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Digest of United States Practice in International Law by :

Download or read book Digest of United States Practice in International Law written by and published by . This book was released on 1977 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Experiments in International Adjudication

Author : Ignacio de la Rasilla
Publisher : Cambridge University Press
ISBN 13 : 1108474942
Total Pages : 341 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Experiments in International Adjudication by : Ignacio de la Rasilla

Download or read book Experiments in International Adjudication written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2019-03-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines many seminal experiments in international adjudication and the origins of several major existing international courts.

A United Nations High Commissioner for Human Rights

Author : Roger Stenson Clark
Publisher : Springer
ISBN 13 : 9401188009
Total Pages : 199 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis A United Nations High Commissioner for Human Rights by : Roger Stenson Clark

Download or read book A United Nations High Commissioner for Human Rights written by Roger Stenson Clark and published by Springer. This book was released on 2013-12-01 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: prospects of the High Commissioner proposal with careful scholarship and shrewd judgment. Mr. Clark wrote the first draft of this book under my supervision for the degree of Doctor of the Science of Law at Columbia Law School before returning to take up his career as a law teacher in his native New Zealand. I am delighted that his work, in this improved and updated version, is now being published. It fills a real need, since it is the first book on this important subject. On this occasion it might be appropriate to add a few comments on the history of the High Commissioner proposal. As Mr. Clark indicates, I had something to do with its "revival" in the United States Government during the closing months of the Kennedy Administration. A few details as to how this "revival" took place may perhaps be useful to students of international relations and international organization.

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Author : Antônio Augusto Cançado Trindade
Publisher : Hotei Publishing
ISBN 13 : 9004251030
Total Pages : 1910 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade

Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2014-12-08 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Two volume set.

The International Legal Personality of the Individual

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
ISBN 13 : 0192552333
Total Pages : 320 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The International Legal Personality of the Individual by : Astrid Kjeldgaard-Pedersen

Download or read book The International Legal Personality of the Individual written by Astrid Kjeldgaard-Pedersen and published by Oxford University Press. This book was released on 2018-08-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

International Legal Argument in the Permanent Court of International Justice

Author : Ole Spiermann
Publisher : Cambridge University Press
ISBN 13 : 1139442686
Total Pages : 539 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Legal Argument in the Permanent Court of International Justice by : Ole Spiermann

Download or read book International Legal Argument in the Permanent Court of International Justice written by Ole Spiermann and published by Cambridge University Press. This book was released on 2005-01-06 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Regulating Jurisdictional Relations Between National and International Courts

Author : Yuval Shany
Publisher : OUP Oxford
ISBN 13 : 9780199563852
Total Pages : 0 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Regulating Jurisdictional Relations Between National and International Courts by : Yuval Shany

Download or read book Regulating Jurisdictional Relations Between National and International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2009-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.

Research on International Affairs

Author : United States Department of State. External Research Division
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Research on International Affairs by : United States Department of State. External Research Division

Download or read book Research on International Affairs written by United States Department of State. External Research Division and published by . This book was released on with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in 1954, Apr. issue lists studies in progress; Oct. issue, completed studies.

Revisiting Proportionality in International and European Law

Author : Ulf Linderfalk
Publisher : BRILL
ISBN 13 : 9004448071
Total Pages : 230 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Revisiting Proportionality in International and European Law by : Ulf Linderfalk

Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.

The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child

Author : Mónica Feria Tinta
Publisher : BRILL
ISBN 13 : 9047432851
Total Pages : 696 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child by : Mónica Feria Tinta

Download or read book The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child written by Mónica Feria Tinta and published by BRILL. This book was released on 2008-06-19 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.

The Spirit of International Law

Author : David J. Bederman
Publisher : University of Georgia Press
ISBN 13 : 0820328731
Total Pages : 296 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of International Law by : David J. Bederman

Download or read book The Spirit of International Law written by David J. Bederman and published by University of Georgia Press. This book was released on 2006-11-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature--nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights

Author : Jonas Christoffersen
Publisher : BRILL
ISBN 13 : 9004180818
Total Pages : 686 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights by : Jonas Christoffersen

Download or read book Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights written by Jonas Christoffersen and published by BRILL. This book was released on 2009-06-02 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.