Comparative Reasoning In International Courts And Tribunals

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Comparative Reasoning in International Courts and Tribunals

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 46,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477

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Comparative Reasoning in International Courts and Tribunals by Daniel Peat Pdf

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Science and Judicial Reasoning

Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 45,8 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669

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Science and Judicial Reasoning by Katalin Sulyok Pdf

This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

Comparative Reasoning in European Supreme Courts

Author : Michal Bobek
Publisher : OUP Oxford
Page : 320 pages
File Size : 48,9 Mb
Release : 2013-08-08
Category : Law
ISBN : 9780191669996

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Comparative Reasoning in European Supreme Courts by Michal Bobek Pdf

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Legitimacy and International Courts

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 47,8 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854

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Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Pdf

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Procedural Fairness in International Courts and Tribunals

Author : Arman Sarvarian,Rudy Baker,Filippo Fontanelli,Vassilis Tsevelekos
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 54,6 Mb
Release : 2015
Category : Court proceedings
ISBN : 1905221606

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Procedural Fairness in International Courts and Tribunals by Arman Sarvarian,Rudy Baker,Filippo Fontanelli,Vassilis Tsevelekos Pdf

Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]

Courts and Comparative Law

Author : Mads Tønnesson Andenæs,Duncan Fairgrieve
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 46,8 Mb
Release : 2015
Category : Law
ISBN : 9780198735335

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Courts and Comparative Law by Mads Tønnesson Andenæs,Duncan Fairgrieve Pdf

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

International Judicial Review

Author : Shai Dothan
Publisher : Cambridge University Press
Page : 173 pages
File Size : 40,7 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781108488761

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International Judicial Review by Shai Dothan Pdf

The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

Questions of Jurisdiction and Admissibility before International Courts

Author : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 40,6 Mb
Release : 2016
Category : Law
ISBN : 9781107038790

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Questions of Jurisdiction and Admissibility before International Courts by Yuval Shany Pdf

Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.

The Performance of International Courts and Tribunals

Author : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 45,5 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781108425698

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The Performance of International Courts and Tribunals by Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein Pdf

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Author : Fabián Raimondo
Publisher : BRILL
Page : 236 pages
File Size : 54,6 Mb
Release : 2008-10-02
Category : Business & Economics
ISBN : 9789047431671

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General Principles of Law in the Decisions of International Criminal Courts and Tribunals by Fabián Raimondo Pdf

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Treaties in Motion

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Cambridge University Press
Page : 427 pages
File Size : 46,5 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781108495882

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Treaties in Motion by Malgosia Fitzmaurice,Panos Merkouris Pdf

The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

Provisional Measures before International Courts and Tribunals

Author : Cameron A. Miles
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,6 Mb
Release : 2018-06-21
Category : Law
ISBN : 1107565170

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Provisional Measures before International Courts and Tribunals by Cameron A. Miles Pdf

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.

Provisional Measures Before International Courts and Tribunals

Author : Cameron A. Miles
Publisher : Unknown
Page : 517 pages
File Size : 45,7 Mb
Release : 2016
Category : Civil procedure (International law)
ISBN : 1316778665

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Provisional Measures Before International Courts and Tribunals by Cameron A. Miles Pdf

"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 furthermore to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals and ad-hoc interstate arbitration tribunals. The result is the first comprehensive examination of the law of provisional measures in ten years, and the first to compare investor-state arbitration jurisprudence with more traditional interstate courts and tribunals"--

Precedents and Case-Based Reasoning in the European Court of Justice

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 46,6 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491

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Precedents and Case-Based Reasoning in the European Court of Justice by Marc Jacob Pdf

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Comparative Constitutional Reasoning

Author : András Jakab,Arthur Dyevre,Giulio Itzcovich
Publisher : Cambridge University Press
Page : 867 pages
File Size : 44,6 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107085589

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Comparative Constitutional Reasoning by András Jakab,Arthur Dyevre,Giulio Itzcovich Pdf

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.