Provisional Measures Before International Courts And Tribunals

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Provisional Measures Issued by International Courts and Tribunals

Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Provisional Measures Issued by International Courts and Tribunals Book PDF

Author : Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Publisher : Springer Nature
Page : 365 pages
File Size : 41,6 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

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Provisional Measures Issued by International Courts and Tribunals by Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra Pdf

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Provisional Measures Before International Courts and Tribunals

Cameron A. Miles
Provisional Measures Before International Courts and Tribunals Book PDF

Author : Cameron A. Miles
Publisher : Unknown
Page : 517 pages
File Size : 49,6 Mb
Release : 2017
Category : Civil procedure (International law)
ISBN : 1316777782

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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"--

Provisional Measures before International Courts and Tribunals

Cameron A. Miles
Provisional Measures before International Courts and Tribunals Book PDF

Author : Cameron A. Miles
Publisher : Cambridge University Press
Page : 0 pages
File Size : 47,7 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 in International Law

Shabtai Rosenne
Provisional Measures in International Law Book PDF

Author : Shabtai Rosenne
Publisher : Oxford University Press on Demand
Page : 241 pages
File Size : 46,6 Mb
Release : 2005
Category : Law
ISBN : 0199268061

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Provisional Measures in International Law by Shabtai Rosenne Pdf

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the PermanentCourt of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest bydeciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventionsadopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principalorgan.

Preventing Irreparable Harm

Eva R. Rieter
Preventing Irreparable Harm Book PDF

Author : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 52,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134502090

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Preventing Irreparable Harm by Eva R. Rieter Pdf

International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.

Remedies before the International Court of Justice

Victor Stoica
Remedies before the International Court of Justice Book PDF

Author : Victor Stoica
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,6 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108490825

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Remedies before the International Court of Justice by Victor Stoica Pdf

An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.

The International Court of Justice

H. W. A. Thirlway
The International Court of Justice Book PDF

Author : H. W. A. Thirlway
Publisher : Oxford University Press
Page : 241 pages
File Size : 46,8 Mb
Release : 2016
Category : Law
ISBN : 9780198779070

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The International Court of Justice by H. W. A. Thirlway Pdf

"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.

Questions of Jurisdiction and Admissibility before International Courts

Yuval Shany
Questions of Jurisdiction and Admissibility before International Courts Book PDF

Author : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 42,7 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.

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 : 54,6 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.

A Common Law of International Adjudication

Chester Brown
A Common Law of International Adjudication Book PDF

Author : Chester Brown
Publisher : International Courts and Tribu
Page : 0 pages
File Size : 46,7 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 019956390X

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A Common Law of International Adjudication by Chester Brown Pdf

Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.

The Statute of the International Court of Justice

Andreas Zimmermann,Christian J. Tams,Karin Oellers-Frahm,Christian Tomuschat
The Statute of the International Court of Justice Book PDF

Author : Andreas Zimmermann,Christian J. Tams,Karin Oellers-Frahm,Christian Tomuschat
Publisher : Oxford University Press
Page : 1920 pages
File Size : 45,9 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192546487

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The Statute of the International Court of Justice by Andreas Zimmermann,Christian J. Tams,Karin Oellers-Frahm,Christian Tomuschat Pdf

This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

Case-Law and the Development of International Law

Patrícia Galvão Teles,Manuel Almeida Ribeiro
Case Law and the Development of International Law Book PDF

Author : Patrícia Galvão Teles,Manuel Almeida Ribeiro
Publisher : BRILL
Page : 288 pages
File Size : 48,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004467668

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Case-Law and the Development of International Law by Patrícia Galvão Teles,Manuel Almeida Ribeiro Pdf

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

International Courts and Tribunals

William Schabas
International Courts and Tribunals Book PDF

Author : William Schabas
Publisher : Unknown
Page : 0 pages
File Size : 49,6 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.

The International Court of Justice

Serena Forlati
The International Court of Justice Book PDF

Author : Serena Forlati
Publisher : Springer
Page : 239 pages
File Size : 43,5 Mb
Release : 2014-06-23
Category : Law
ISBN : 9783319061795

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The International Court of Justice by Serena Forlati Pdf

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

The Cambridge Companion to International Law

James Crawford,Martti Koskenniemi,Surabhi Ranganathan
The Cambridge Companion to International Law Book PDF

Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 48,9 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521190886

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The Cambridge Companion to International Law by James Crawford,Martti Koskenniemi,Surabhi Ranganathan Pdf

A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.