Provisional Measures Issued By International Courts And Tribunals

Provisional Measures Issued By International Courts And Tribunals Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Provisional Measures Issued By International Courts And Tribunals book. This book definitely worth reading, it is an incredibly well-written.

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 : 44,9 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

Get Book

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 : Cambridge University Press
Page : 591 pages
File Size : 50,9 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781107125599

Get Book

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

2 Dispute Settlement Under UNCLOS

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 : 48,9 Mb
Release : 2005
Category : Law
ISBN : 0199268061

Get Book

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.

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 : 52,5 Mb
Release : 2016
Category : Law
ISBN : 9780198779070

Get Book

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.

Preventing Irreparable Harm

Eva R. Rieter
Preventing Irreparable Harm Book PDF

Author : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 55,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134502090

Get Book

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.

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 : 50,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004467668

Get Book

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.

The Elgar Companion to the International Court of Justice

Robert Kolb
The Elgar Companion to the International Court of Justice Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 51,9 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781782544869

Get Book

The Elgar Companion to the International Court of Justice by Robert Kolb Pdf

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an

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 : 45,6 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192546487

Get Book

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.

Jurisdiction of International Tribunals

Chittharanjan Félix Amerasinghe
Jurisdiction of International Tribunals Book PDF

Author : Chittharanjan Félix Amerasinghe
Publisher : Martinus Nijhoff Publishers
Page : 952 pages
File Size : 42,7 Mb
Release : 2003
Category : Law
ISBN : 9041118381

Get Book

Jurisdiction of International Tribunals by Chittharanjan Félix Amerasinghe Pdf

(3) Who may refer.

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 : 53,9 Mb
Release : 2004
Category : International courts
ISBN : STANFORD:36105063936798

Get Book

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.

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 : 49,7 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 019956390X

Get Book

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 ICJ's Practice on Provisional Measures

Zan He
The ICJ s Practice on Provisional Measures Book PDF

Author : Zan He
Publisher : Kölner Schriften zu Recht und Staat
Page : 0 pages
File Size : 47,6 Mb
Release : 2010
Category : Civil procedure
ISBN : 3631600100

Get Book

The ICJ's Practice on Provisional Measures by Zan He Pdf

This work studies the role of the International Court of Justice (ICJ) regarding the international dispute settlement and the maintenance of international peace and security by examining its practice on provisional measures. The author finds that the ICJ's practice on provisional measures differs from that of municipal courts, due to the necessity to respect the sovereignty of states. Furthermore, the Court attempts to play an important role in the international dispute settlement. The aim to maintain international peace and security is decisive for the Court to assign provisional measures. As shown by the Lockerbie cases, its power was to some extent paralyzed by the Council's breach of its authority. Without any coordinative mechanism within the UN system and the Council's self-restriction, provisional measures cannot be as effective as designated.

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection

Ewa Sałkiewicz-Munnerlyn
Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection Book PDF

Author : Ewa Sałkiewicz-Munnerlyn
Publisher : Springer Nature
Page : 160 pages
File Size : 47,5 Mb
Release : 2021-10-13
Category : Law
ISBN : 9789462654754

Get Book

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection by Ewa Sałkiewicz-Munnerlyn Pdf

This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.

Interim Measures Indicated by International Courts

Rudolf Bernhardt
Interim Measures Indicated by International Courts Book PDF

Author : Rudolf Bernhardt
Publisher : Springer Science & Business Media
Page : 176 pages
File Size : 47,9 Mb
Release : 1994-10-24
Category : Law
ISBN : 3540582703

Get Book

Interim Measures Indicated by International Courts by Rudolf Bernhardt Pdf

Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992. On 22nd January 1993, the Max Planck Institute organized a colloquium in honour of Hermann Mosler, on a topic which is of theoretical as weIl as practical interest: Interim Measures Indicated by International Courts. The participants of the colloquium were outstanding scholars and experts in the area of international dispute settlement. The present publication is based on the colloquium of January 1993. It contains four reports, namelyon the International Court of Justice (Thirl way), the Court of Justice of the European Communities (Jacobs), the Inter-American Court of Human Rights (Buergenthal) and the European Court of Human Rights (Bernhardt). Three of the reports were orally pre sented and discussed, and they have been revised and expanded for this publication; the report by Thomas Buergenthal could only be submitted in writing. In preparing the colloquium the authors were requested to concentrate their contributions on the following questions : 1. Legal bases for the indication of interim measures (convention, statute, rules of court). 2. Conditions for the indication of interim measures (jurisdiction, compe tence, admissibility, urgency, necessity - irreparable damage -; request of the parties andjor indication by the court proprio molu).

A Farewell to Fragmentation

Mads Tønnesson Andenæs,Eirik Bjorge
A Farewell to Fragmentation Book PDF

Author : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 54,8 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

Get Book

A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf

Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.