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Author: Yuval Shany
Publisher: Cambridge University Press
Published: 2016
Total Pages: 185
ISBN-13: 1107038790
DOWNLOAD EBOOK →Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author: Filippo Fontanelli
Publisher: BRILL
Published: 2018-03-27
Total Pages: 199
ISBN-13: 9004366490
DOWNLOAD EBOOK →In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
Author: Juan José Quintana
Publisher: BRILL
Published: 2015-05-19
Total Pages: 1364
ISBN-13: 9004297510
DOWNLOAD EBOOK →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: Cameron A. Miles
Publisher: Cambridge University Press
Published: 2018-06-21
Total Pages: 0
ISBN-13: 9781107565173
DOWNLOAD EBOOK →Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
Author: William Schabas
Publisher:
Published: 2014
Total Pages: 0
ISBN-13: 9781782547778
DOWNLOAD EBOOK →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: Renata Szafarz
Publisher: BRILL
Published: 2023-12-28
Total Pages: 202
ISBN-13: 9004633243
DOWNLOAD EBOOK →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: Maya Steinitz
Publisher:
Published: 2019
Total Pages: 257
ISBN-13: 1107162858
DOWNLOAD EBOOK →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
Published: 2017-08-16
Total Pages: 262
ISBN-13: 9004342761
DOWNLOAD EBOOK →Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.
Author: Luiz Eduardo Salles
Publisher: Cambridge University Press
Published: 2014-05-22
Total Pages: 371
ISBN-13: 1139952471
DOWNLOAD EBOOK →Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Author: Anna Riddell
Publisher: British Institute for International & Comparative Law
Published: 2009
Total Pages: 458
ISBN-13:
DOWNLOAD EBOOK →Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
