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Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 46,7 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 42,8 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author : Michal Bobek
Publisher : OUP Oxford
Page : 320 pages
File Size : 54,8 Mb
Release : 2013-08-08
Category : Law
ISBN : 9780191669996
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.
Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 52,9 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Author : Arman Sarvarian,Rudy Baker,Filippo Fontanelli,Vassilis Tsevelekos
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 46,7 Mb
Release : 2015
Category : Court proceedings
ISBN : 1905221606
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]
Author : Mads Tønnesson Andenæs,Duncan Fairgrieve
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 50,9 Mb
Release : 2015
Category : Law
ISBN : 9780198735335
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.
Author : Shai Dothan
Publisher : Cambridge University Press
Page : 173 pages
File Size : 48,5 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781108488761
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.
Author : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 54,9 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781108425698
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 46,6 Mb
Release : 2016
Category : Law
ISBN : 9781107038790
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author : Cameron A. Miles
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 1107565170
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 : Fabián Raimondo
Publisher : BRILL
Page : 236 pages
File Size : 49,5 Mb
Release : 2008-10-02
Category : Business & Economics
ISBN : 9789047431671
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.
Author : Mátyás Bencze,Gar Yein Ng
Publisher : Springer
Page : 268 pages
File Size : 42,9 Mb
Release : 2018-08-30
Category : Law
ISBN : 9783319973166
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Author : Cameron A. Miles
Publisher : Unknown
Page : 517 pages
File Size : 51,5 Mb
Release : 2017
Category : Civil procedure (International law)
ISBN : 1316777782
"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"--
Author : Georges Abi-Saab,Kenneth Keith,Gabrielle Marceau,Clément Marquet
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 53,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509929900
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 52,8 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139493079
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
