The Development Of Human Rights Law By The Judges Of The International Court Of Justice

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The Development of Human Rights Law by the Judges of the International Court of Justice

Shiv R. S. Bedi
The Development of Human Rights Law by the Judges of the International Court of Justice Book PDF

Author : Shiv R. S. Bedi
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2007
Category : Human rights
ISBN : 1472563859

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The Development of Human Rights Law by the Judges of the International Court of Justice by Shiv R. S. Bedi Pdf

"The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights."--Bloomsbury Publishing.

Judging International Human Rights

Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Judging International Human Rights Book PDF

Author : Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Publisher : Springer
Page : 663 pages
File Size : 41,8 Mb
Release : 2019-04-15
Category : Law
ISBN : 9783319948485

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Judging International Human Rights by Stefan Kadelbach,Thilo Rensmann,Eva Rieter Pdf

This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Global Justice, Human Rights and the Modernization of International Law

Riccardo Pisillo Mazzeschi,Pasquale De Sena
Global Justice Human Rights and the Modernization of International Law Book PDF

Author : Riccardo Pisillo Mazzeschi,Pasquale De Sena
Publisher : Springer
Page : 272 pages
File Size : 47,6 Mb
Release : 2018-07-27
Category : Law
ISBN : 9783319902272

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Global Justice, Human Rights and the Modernization of International Law by Riccardo Pisillo Mazzeschi,Pasquale De Sena Pdf

This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

International Courts and the Development of International Law

Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
International Courts and the Development of International Law Book PDF

Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 948 pages
File Size : 52,8 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941

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International Courts and the Development of International Law by Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni 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? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

The Statute of the International Court of Justice

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

Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 12559 pages
File Size : 47,9 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191632549

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

The International Court of Justice 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 second 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. Five years after the first edition was published, the second 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 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 three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

Human Rights In The Administration Of Justice

United Nations. Office of the High Commissioner for Human Rights,International Bar Association
Human Rights In The Administration Of Justice Book PDF

Author : United Nations. Office of the High Commissioner for Human Rights,International Bar Association
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 50,7 Mb
Release : 2003-12-01
Category : Political Science
ISBN : 9211541417

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Human Rights In The Administration Of Justice by United Nations. Office of the High Commissioner for Human Rights,International Bar Association Pdf

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

The Humanitarian Face of the International Court of Justice

Gentian Zyberi
The Humanitarian Face of the International Court of Justice Book PDF

Author : Gentian Zyberi
Publisher : Unknown
Page : 552 pages
File Size : 43,7 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105064259638

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The Humanitarian Face of the International Court of Justice by Gentian Zyberi Pdf

This book represents the first effort in assessing the role and contribution of the International Court of Justice (ICJ) in interpreting and developing rules and principles of international human rights and humanitarian law. First, the book addresses the Court's possibilities and limitations in the fields of international human rights and humanitarian law. Second, in exposing the contribution of the Court, the book provides a detailed analysis of relevant case law stretching from its establishment in 1946 to the end of 2007. It should be noted that through its case law, the Court has managed to wed international law to humanitarian demands for protection and respect for individual human rights, human life, and human dignity. The third component of the book looks into the relationship between the ICJ and specialized international human rights and humanitarian law courts and tribunals and international quasi-judicial bodies. Finally, the author offers a number of conclusions and recommendations aimed at enhancing the possible role and impact of the ICJ and improving the international legal system concerned with the promotion and the protection of human rights. Intersentia is proud to announce that both Antoine Buyse and Gentian Zyberi won the Max van der Stoel Human Rights Award 2008.

General Principles of Law - The Role of the Judiciary

Laura Pineschi
General Principles of Law The Role of the Judiciary Book PDF

Author : Laura Pineschi
Publisher : Springer
Page : 325 pages
File Size : 46,8 Mb
Release : 2015-06-22
Category : Law
ISBN : 9783319191805

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General Principles of Law - The Role of the Judiciary by Laura Pineschi Pdf

This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Triestino Mariniello
Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law Book PDF

Author : Triestino Mariniello
Publisher : BRILL
Page : 966 pages
File Size : 51,6 Mb
Release : 2021-02-01
Category : Law
ISBN : 9789004434660

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Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law by Triestino Mariniello Pdf

For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).

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 : 42,8 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

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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.

The ICJ and the Evolution of International Law

Karine Bannelier,Théodore Christakis,Sarah Heathcote
The ICJ and the Evolution of International Law Book PDF

Author : Karine Bannelier,Théodore Christakis,Sarah Heathcote
Publisher : Routledge
Page : 468 pages
File Size : 42,8 Mb
Release : 2012-03-12
Category : Law
ISBN : 9781136619304

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The ICJ and the Evolution of International Law by Karine Bannelier,Théodore Christakis,Sarah Heathcote Pdf

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History

The Contribution of International and Supranational Courts to the Rule of Law

Geert De Baere,Jan Wouters
The Contribution of International and Supranational Courts to the Rule of Law Book PDF

Author : Geert De Baere,Jan Wouters
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 50,5 Mb
Release : 2015-11-27
Category : Law
ISBN : 9781783476626

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The Contribution of International and Supranational Courts to the Rule of Law by Geert De Baere,Jan Wouters Pdf

International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.

International Law in Transition

Dhokalia
International Law in Transition Book PDF

Author : Dhokalia
Publisher : Martinus Nijhoff Publishers
Page : 411 pages
File Size : 49,6 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637870

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International Law in Transition by Dhokalia Pdf

The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

Judges and the Making of International Criminal Law

Joseph Powderly
Judges and the Making of International Criminal Law Book PDF

Author : Joseph Powderly
Publisher : BRILL
Page : 680 pages
File Size : 51,5 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789004368729

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Judges and the Making of International Criminal Law by Joseph Powderly Pdf

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.