Denial Of Justice In International Law

Author : Jan Paulsson
Publisher : Cambridge University Press
Page : 307 pages
File Size : 40,8 Mb
Release : 2005-10-06
Category : Law
ISBN : 9781139448284

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Denial of Justice in International Law by Jan Paulsson Pdf

Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Author : Rishi Gulati
Publisher : Cambridge University Press
Page : 255 pages
File Size : 54,7 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108837545

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Access to Justice and International Organisations by Rishi Gulati Pdf

This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

Author : Berk Demirkol
Publisher : Cambridge University Press
Page : 291 pages
File Size : 45,8 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107198463

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Judicial Acts and Investment Treaty Arbitration by Berk Demirkol Pdf

A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

Author : Alwyn Vernon Freeman
Publisher : Unknown
Page : 784 pages
File Size : 50,8 Mb
Release : 1970
Category : Aliens
ISBN : UOM:39015031668992

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The International Responsibility of States for Denial of Justice by Alwyn Vernon Freeman Pdf

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277

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Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

Author : Steven R. Ratner
Publisher : OUP Oxford
Page : 500 pages
File Size : 47,6 Mb
Release : 2015-01-15
Category : Law
ISBN : 9780191009112

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The Thin Justice of International Law by Steven R. Ratner Pdf

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Author : Jan Paulsson
Publisher : Unknown
Page : 279 pages
File Size : 43,5 Mb
Release : 2005
Category : Aliens
ISBN : OCLC:269277806

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Denial of Justice in International Law by Jan Paulsson Pdf

Denial of justice is one of the oldest bases of liability in international law. It has recently taken on a new vitality due to international treaties under which private parties can seek to hold States liable for judicial mistreatment. This book examines several recent cases of great importance.

Author : Stephen M. Schwebel
Publisher : Cambridge University Press
Page : 385 pages
File Size : 48,5 Mb
Release : 2011-05-19
Category : Law
ISBN : 9781139502931

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Justice in International Law by Stephen M. Schwebel Pdf

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

Author : Jean Allain
Publisher : Routledge
Page : 656 pages
File Size : 48,5 Mb
Release : 2017-10-24
Category : Law
ISBN : 9781351926775

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International Law in the Middle East by Jean Allain Pdf

Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

Author : Anonim
Publisher : BRILL
Page : 342 pages
File Size : 47,8 Mb
Release : 2020-11-04
Category : Law
ISBN : 9789004441033

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The Role of International Administrative Law at International Organizations by Anonim Pdf

The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.

Author : United Nations. International Law Commission
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 1956
Category : International law
ISBN : OCLC:4527134

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United Nations Yearbook of the International Law Commission by United Nations. International Law Commission Pdf

Author : Stephen M. Schwebel,Luke Sobota,Ryan Manton
Publisher : Cambridge University Press
Page : 355 pages
File Size : 45,9 Mb
Release : 2020-01-23
Category : Law
ISBN : 9780521768023

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International Arbitration by Stephen M. Schwebel,Luke Sobota,Ryan Manton Pdf

Considers the vitality of the international arbitral process through an updated examination of three salient problems.

Author : Chittharanjan Felix Amerasinghe
Publisher : Cambridge University Press
Page : 488 pages
File Size : 40,9 Mb
Release : 2004-01-15
Category : Political Science
ISBN : 1139450158

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Local Remedies in International Law by Chittharanjan Felix Amerasinghe Pdf

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

Author : Francesco Francioni
Publisher : OUP Oxford
Page : 272 pages
File Size : 41,9 Mb
Release : 2007-10-25
Category : Law
ISBN : 9780191018657

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Access to Justice as a Human Right by Francesco Francioni Pdf

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 55,6 Mb
Release : 2009-06-11
Category : Business & Economics
ISBN : 9780521855679

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The International Law of Investment Claims by Zachary Douglas Pdf

This book is a codification of the principles and rules relating to the prosecution of investment claims.