challenging acts of international organizations before national courts

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Challenging Acts Of International Organizations Before National Courts

Author : August Reinisch
ISBN : 9780199595297
Genre : Law
File Size : 51. 80 MB
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An increasing number of challenges against the activities and decisions of international organisations are brought before national courts. This book offers an overview of how different courts have dealt with these cases and an analysis of the legal framework which applies to them, identifying common ground across jurisdictions.

The Privileges And Immunities Of International Organizations In Domestic Courts

Author : August Reinisch
ISBN : 9780199679409
Genre : Law
File Size : 42. 81 MB
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Proceedings of a conference on "Transnational Judicial Dialogue of Domestic Courts on International Organisations" at the Law School of the Universtiy of Vienna on 23 April 2012.

The Practice Of International And National Courts And The De Fragmentation Of International Law

Author : Ole Kristian Fauchald
ISBN : 9781847319159
Genre : Law
File Size : 72. 7 MB
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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

In Whose Name

Author : Armin von Bogdandy
ISBN : 9780191026959
Genre : Law
File Size : 72. 82 MB
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

National Courts And The International Rule Of Law

Author : André Nollkaemper
ISBN : 9780191652837
Genre : Law
File Size : 25. 5 MB
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Immunities In The Age Of Global Constitutionalism

Author : Anne Peters
ISBN : 9789004251632
Genre : Law
File Size : 37. 17 MB
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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

Encyclopedia Of Public International Law

Author : Rudolf Bernhardt
ISBN : STANFORD:36105060981557
Genre : Reference
File Size : 56. 37 MB
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The Conventions On The Privileges And Immunities Of The United Nations And Its Specialized Agencies

Author : August Reinisch
ISBN : 9780198744610
Genre :
File Size : 41. 31 MB
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The book provides a comprehensive overview and detailed discussion of the Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies distinguished legal scholars, experts and practitioners in their respective fields of law.

Decisions Of International Institutions Before Domestic Courts

Author : Christoph Schreuer
ISBN : STANFORD:36105043672422
Genre : Law
File Size : 89. 7 MB
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Standards Of Investment Protection

Author : August Reinisch
ISBN : 9780199547432
Genre : Law
File Size : 72. 44 MB
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This book provides a guide to the application of substantive standards of treatment, routinely included in investment treaties. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, presenting the emerging consensus shaping how they should be applied in practice.

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