provisional measures before international courts and tribunals cambridge studies in international and comparative law

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Provisional Measures Before International Courts And Tribunals

Author : Cameron A. Miles
ISBN : 9781316776681
Genre : Law
File Size : 85. 7 MB
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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.

Science And The Precautionary Principle In International Courts And Tribunals

Author : Caroline E. Foster
ISBN : 9781139500166
Genre : Law
File Size : 76. 82 MB
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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

International Courts And Environmental Protection

Author : Tim Stephens
ISBN : 9780521881227
Genre : Law
File Size : 40. 60 MB
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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

International Courts And The Development Of International Law

Author : Nerina Boschiero
ISBN : 9789067048941
Genre : Law
File Size : 53. 82 MB
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Manual On International Courts And Tribunals

Author : Ruth Mackenzie
ISBN : 9780199545278
Genre : Law
File Size : 48. 28 MB
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Previous ed. / edited by Philippe Sands. London : Butterworths, 1999

Self Determination In Disputed Colonial Territories

Author : Jamie Trinidad
ISBN : 9781108307789
Genre : Law
File Size : 38. 67 MB
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Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.

A Common Law Of International Adjudication

Author : Chester Brown
ISBN : 019956390X
Genre : Law
File Size : 50. 82 MB
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Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assesses whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.

International Maritime Law From The Russian Perspective

Author : Vasiliy Gutsulyak
ISBN : 9781627341912
Genre : Law
File Size : 22. 51 MB
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This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law. First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. . The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience", vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes. The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, inter

The Performance Of International Courts And Tribunals

Author : Theresa Squatrito
ISBN : 9781108425698
Genre : Law
File Size : 52. 46 MB
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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

A Farewell To Fragmentation

Author : Mads Andenas
ISBN : 9781107082090
Genre : Law
File Size : 20. 66 MB
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Explores the role of the International Court of Justice in the re-convergence of international law. The book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

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