International Courts Versus Non Compliance Mechanisms

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International Courts Versus Non-Compliance Mechanisms

Christina Voigt,Caroline Foster
International Courts Versus Non Compliance Mechanisms Book PDF

Author : Christina Voigt,Caroline Foster
Publisher : Unknown
Page : 530 pages
File Size : 44,6 Mb
Release : 2024-02-14
Category : Law
ISBN : 9781009373890

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International Courts Versus Non-Compliance Mechanisms by Christina Voigt,Caroline Foster Pdf

This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.

Civil Society, International Courts and Compliance Bodies

Tullio Treves
Civil Society International Courts and Compliance Bodies Book PDF

Author : Tullio Treves
Publisher : Cambridge University Press
Page : 348 pages
File Size : 52,5 Mb
Release : 2005
Category : Law
ISBN : 9067041866

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Civil Society, International Courts and Compliance Bodies by Tullio Treves Pdf

With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.

The Performance of International Courts and Tribunals

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

Author : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 50,7 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.

Legitimacy and International Courts

Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Legitimacy and International Courts Book PDF

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 44,6 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.

Compliance with Judgments of International Courts

M.K. Bulterman,M. Kuijer
Compliance with Judgments of International Courts Book PDF

Author : M.K. Bulterman,M. Kuijer
Publisher : BRILL
Page : 184 pages
File Size : 42,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004637139

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Compliance with Judgments of International Courts by M.K. Bulterman,M. Kuijer Pdf

The symposium Compliance with Judgments of International Courts was held in Leiden on 7 October 1994, on the occasion of the presentation of a Liber Amicorum to Professor Henry G. Schermers. The subject, Compliance with Judgments of International Courts, was discussed by eminent speakers of the International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Communities. The topic is one of great practical importance and an almost undeveloped area of jurisprudence. While most national legal orders employ centralized mechanisms for the enforcement of judgments, such mechanisms are generally lacking at the international level. This raises particular problems which were highlighted during the symposium. The contributions of individual speakers as well as the discussions during the conference are incorporated in this book. The different contexts in which the three international courts are faced with the problem of compliance, and the different experiences of the courts in regard to compliance with their judgments, provide an opportunity to compare and to learn. Discussion on a subject of such practical importance constitutes a small but valuable contribution to the development of general international law.

International Judicial Control of Environmental Protection

Yasuhiro Shigeta
International Judicial Control of Environmental Protection Book PDF

Author : Yasuhiro Shigeta
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 40,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131515

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International Judicial Control of Environmental Protection by Yasuhiro Shigeta Pdf

It is widely understood today that nothing is more urgently needed than international agreement on the scale, application, and enforcement of environmental law. This outstanding book - a major contribution to the debate - demonstrates that existing international judicial bodies have already taken giant steps toward overcoming the insufficiency of international law enforcement with standards, compliance mechanisms, and new law development in the field of environmental law. The author not only presents a detailed analysis of a wealth of relevant case law, but also outlines a model suggesting that a commitment to international judicial control can be used to contain deviance within acceptable limits, ensure harmonized interaction among regimes, and clarify the meaning and application of environmental norms.

International Courts and the Performance of International Agreements

Clifford J. Carrubba,Matthew J. Gabel
International Courts and the Performance of International Agreements Book PDF

Author : Clifford J. Carrubba,Matthew J. Gabel
Publisher : Cambridge University Press
Page : 253 pages
File Size : 53,9 Mb
Release : 2015
Category : Law
ISBN : 9781107065727

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International Courts and the Performance of International Agreements by Clifford J. Carrubba,Matthew J. Gabel Pdf

A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.

Manual on International Courts and Tribunals

Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands
Manual on International Courts and Tribunals Book PDF

Author : Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands
Publisher : Unknown
Page : 575 pages
File Size : 48,7 Mb
Release : 2010
Category : Law
ISBN : 9780199545278

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Manual on International Courts and Tribunals by Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands Pdf

The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.

Compliance with Decisions of the International Court of Justice

Constanze Schulte
Compliance with Decisions of the International Court of Justice Book PDF

Author : Constanze Schulte
Publisher : Unknown
Page : 530 pages
File Size : 52,8 Mb
Release : 2004
Category : International courts
ISBN : STANFORD:36105063936798

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Compliance with Decisions of the International Court of Justice by Constanze Schulte Pdf

The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations.

International Courts and Tribunals

William Schabas
International Courts and Tribunals Book PDF

Author : William Schabas
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2014
Category : International courts
ISBN : 1782547770

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International Courts and Tribunals by William Schabas Pdf

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.

International Judicial Practice on the Environment

Christina Voigt
International Judicial Practice on the Environment Book PDF

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 55,8 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Engaging Countries

Edith Brown Weiss,Harold Karan Jacobson
Engaging Countries Book PDF

Author : Edith Brown Weiss,Harold Karan Jacobson
Publisher : MIT Press
Page : 644 pages
File Size : 45,9 Mb
Release : 2000
Category : Law
ISBN : 0262731320

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Engaging Countries by Edith Brown Weiss,Harold Karan Jacobson Pdf

This study systematically examines how states implement and comply with international environmental accords.

International Courts and the Development of International Law

Anonim
International Courts and the Development of International Law Book PDF

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:883536070

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International Courts and the Development of International Law by Anonim Pdf

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.

Assessing the Effectiveness of International Courts

Yuval Shany
Assessing the Effectiveness of International Courts Book PDF

Author : Yuval Shany
Publisher : OUP Oxford
Page : 360 pages
File Size : 46,5 Mb
Release : 2014-01-30
Category : Law
ISBN : 9780191640223

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Assessing the Effectiveness of International Courts by Yuval Shany Pdf

Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

Debating Climate Law

Benoit Mayer,Alexander Zahar
Debating Climate Law Book PDF

Author : Benoit Mayer,Alexander Zahar
Publisher : Cambridge University Press
Page : 473 pages
File Size : 46,8 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108840156

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Debating Climate Law by Benoit Mayer,Alexander Zahar Pdf

An innovative volume that covers all the common topics of climate law currently debated in the global academic community.