Narrow your search
Listing 1 - 10 of 57 << page
of 6
>>
Sort by

Book
A selective approach to establishing a human rights mechanism in Southeast Asia : the case for a Southeast Asian court of human rights
Author:
ISBN: 1280569352 9786613598950 9004222170 9789004222175 9004222162 9789004222168 Year: 2012 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

Loading...
Export citation

Choose an application

Bookmark

Abstract

This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.


Book
The role of national courts in applying international humanitarian law
Author:
ISBN: 0191765643 0191508616 9780191508615 1306637805 9781306637800 0191508624 Year: 2014 Publisher: Oxford : Oxford University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.


Book
Professional ethics at the international bar
Author:
ISBN: 0191758523 0191668834 0191668826 9780191668821 9780191758522 9780199679461 0199679460 Year: 2014 Publisher: Oxford : Oxford University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of theinternational judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the intern


Book
Jurisprudence of the PCIJ and of the ICJ on interim measures of protection
Author:
ISBN: 9462654751 9462654743 Year: 2022 Publisher: Berlin : T.M.C. Asser Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

Jurisdiction of international tribunals
Author:
ISBN: 9041118381 9786610468133 1417555203 1280468130 9047403142 9781417555208 9789041118387 9781280468131 6610468133 9789047403142 Year: 2003 Publisher: London : Kluwer Law International,

Loading...
Export citation

Choose an application

Bookmark

Abstract

This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.


Book
Amicus Curiae before international courts and tribunals
Author:
ISBN: 3845275928 9781509908929 3848732408 Year: 2018 Publisher: Baden-Baden, Germany : Hart Publishing : Nomos,

Loading...
Export citation

Choose an application

Bookmark

Abstract

Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept's nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the public interest in a case, as often advocated by NGOs? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or is it an unhelpful impostor that impedes negotiated solutions and derails the proceedings at the expense of the parties to advance its own agenda? By way of an empirical-comparative analysis of the laws and practices of the ICJ, the ITLOS, the ECtHR, the IACtHR, the IACtHPR, WTO panels and the Appellate Body, and investment arbitration the dissertation examines the status quo of amicus curiae before international courts and tribunals to determine if the current amicus curiae practice is of added value to international proceedings and international dispute settlement in general. The dissertation shows that there is no common concept of international amicus curiae, but that amicus curiae before the international courts examined share a few characteristics. A proposed functional systematization highlights overlaps and diverging uses of the concept before international courts and helps scholars and practitioners to assess the opportunities and limits of the concept. Analysis of the concept's current regulatory framework and its substantive effectiveness reveals a hesitation in particular by courts with a strong adversarial tradition to take into account the views of a non-party despite the positive experience with the concept in regional human rights courts. The dissertation concludes that neither the expectations nor the concerns attached to amicus curiae participation in international proceedings have materialized. It argues that the concept can contribute to improved decisions and decision-making in international dispute settlement if regulated and used properly.


Book
Greening international jurisprudence : environmental NGOs before international courts, tribunals, and compliance committees
Author:
ISBN: 9004257314 1299829945 9781299829947 9789004257313 9789004257306 9004257306 Year: 2013 Publisher: Brill

Loading...
Export citation

Choose an application

Bookmark

Abstract

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees .


Book
The sword and the scales : the United States and international courts and tribunals
Author:
ISBN: 0511699816 1107188865 0511647867 9786612393907 1282393901 0511819757 0511632843 0511651945 0511631634 0511634048 9780511651946 9780511819759 9780511631634 9780521728713 0521728711 9780521407465 052140746X 9780511699818 9781107188860 9780511647864 6612393904 9781282393905 9780511632846 9780511634048 Year: 2009 Publisher: Cambridge : Cambridge University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.


Book
A farewell to fragmentation : reassertion and convergence in international law
Authors: ---
ISBN: 9781107082090 1107082099 1107442435 131637761X 1316376613 1316374610 1139979493 9781139979498 9781107442436 1316371611 1316375617 1316365611 9781316374610 Year: 2015 Publisher: Cambridge : Cambridge University Press,

Loading...
Export citation

Choose an application

Bookmark

Abstract

Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.


Periodical
The law and practice of international courts and tribunals.
Authors: ---
ISSN: 15718034 15691853 Year: 2002 Publisher: [Dordrecht] : Leiden : Kluwer Academic Publishers, Netherlands : Brill

Listing 1 - 10 of 57 << page
of 6
>>
Sort by