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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 .
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This thoroughly revised second edition incorporates major changes made in the procedures and practice of the Inter-American Court since the book's original publication.
Law --- General and Others --- International courts --- Human rights --- Inter-American Court of Human Rights --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- International courts - Rules and practice --- Human rights - America
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Pleadings, Minutes of Public Sittings and Documents 2009-2010 - Volume 15 The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in two cases: Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European Union). Further to the agreement of the parties, the case was discontinued by the Order of the Special Chamber dated 16 December 2009. The Order is published in Reports of Judgments, Advisory Opinions and Orders 2008-2010 (ITLOS Reports 2008-2010) . The M/V “Louisa” Case (Saint Vincent and the Grenadines volume Kingdom of Spain), Provisional Measures. The Tribunal delivered its Order on 23 December 2010. It is published in Reports of Judgments, Advisory Opinions and Orders 2008-2010 (ITLOS Reports 2008-2010) . The documents are reproduced in their original language. Mémoires, procès-verbaux et documents 2009-2010 - volume 15 Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents produits dans le cadre de deux affaires : Affaire concernant la conservation et l’exploitation durable des stocks d’espadon dans l’océan Pacifique Sud-Est (Chili/Union européenne). Faisant suite à l’accord intervenu entre les parties, l’affaire a été radiée du rôle par ordonnance de la chambre spéciale en date du 16 décembre 2009. L’ordonnance est publiée dans le Recueil des arrêts, avis consultatifs et ordonnances 2008-2010 (TIDM Recueil 2008-1020) . Affaire du navire « Louisa » (Saint-Vincent-et-les Grenadines c. Royaume d’Espagne), mesures conservatoires. Le Tribunal a rendu son ordonnance le 23 décembre 2010. L’ordonnance est publiée dans le Recueil des arrêts, avis consultatifs et ordonnances 2008-2010 (TIDM Recueil 2008-2010) . Les documents sont reproduits dans la langue originale utilisée.
International courts. --- Law of the sea. --- Maritime law --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Territorial waters --- Cases. --- Law and legislation --- International Tribunal for the Law of the Sea. --- Tribunale internazionale del diritto del mare --- Tribunal international du droit de la mer --- ITLOS --- TIDM --- Mezhdunarodnyĭ tribunal po morskomu pravu --- Law of the sea --- Tribunal internacional do direito do mar
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Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessme...
International courts --- International law. --- Dispute resolution (Law) --- Arbitration and award. --- Arbitral awards --- Arbitration and award --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Law of nations --- Nations, Law of --- Public international law --- Law --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Law and legislation
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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas genocide, immunities, and the use of force.
International criminal courts --- International crimes --- Intervention (International law) --- Aggression (International law) --- Genocide (International law) --- Privileges and immunities --- International criminal law --- International law --- Military intervention --- Diplomacy --- Neutrality --- Immunities and privileges --- Immunity (Exemption) --- Constitutional law --- Criminal procedure --- Jurisdiction --- State's evidence --- Criminal courts --- International courts --- Complementarity (International law) --- Crimes, International --- International crime --- International offenses --- Crime --- Law and legislation --- International law. --- Violence (Law) --- Privileges and immunities. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Law of nations --- Nations, Law of --- Public international law --- Law --- Force (Law) --- International courts - Rules and practice --- Rules and practice.
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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.
International courts. --- International law. --- LAW / International. --- Law, Politics & Government --- Human Rights --- International tribunals --- Tribunals, International --- Law of nations --- Nations, Law of --- Public international law --- Law. --- Private international law. --- Conflict of laws. --- Comparative law. --- Public international law. --- Human rights. --- Trade. --- Law of the sea. --- International environmental law. --- Human Rights. --- Law of the Sea, Air and Outer Space. --- International Environmental Law. --- International Economic Law, Trade Law. --- Public International Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Law --- Courts --- Jurisdiction (International law) --- Public International Law . --- Private International Law, International & Foreign Law, Comparative Law . --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- International environmental law --- International law --- Common heritage of mankind (International law) --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Maritime law --- Territorial waters --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Civil law --- Law and legislation
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Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.
Pacific settlement of international disputes --- Arbitration (International law) --- International courts --- Règlement pacifique des conflits internationaux --- Arbitrage international --- Tribunaux internationaux --- Pacific settlement of international disputes. --- International courts. --- Arbitration, International --- International arbitration --- International political arbitration --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- International tribunals --- Tribunals, International --- Courts --- Dispute settlement, Peaceful (International relations) --- Disputes, Pacific settlement of international --- International disputes, Pacific settlement of --- Peaceful dispute settlement (International relations) --- Peaceful settlement of international disputes --- PSD (Pacific settlement of international disputes) --- Settlement of international disputes, Pacific --- Dispute resolution (Law) --- International relations --- Law and legislation --- Dispute resolution (International law) --- Pacific resolution of international disputes --- Peaceful dispute resolution (International relations) --- Peaceful resolution of international disputes --- Resolution of international disputes, Pacific --- International law
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Legacies of the Permanent Court of International Justice assesses the continuing relevance of the first 'world court'. Active for merely 2 decades, and dissolved rather quietly in 1945/46 to be replaced by the International Court of Justice, the PCIJ, for better or worse, has shaped our thinking about binding legal dispute resolution. The contributions to this book trace the PCIJ's impact on procedural and substantive aspects of international law and on the development of the international judicial function.
Jurisdiction (International law) --- Arbitration (International law) --- International courts. --- LAW / International --- International tribunals --- Tribunals, International --- Courts --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Mediation, International --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- International courts --- Permanent Court of International Justice. --- International Court of Justice --- Permanent Court of Arbitration --- CPJI --- Court of International Justice --- Stały Trybunał Sprawiedliwości Międzynarodowej --- Stalni sud međunarodne pravde u Hagu --- Állandó Nemzetközi Bíróság --- World Court --- Cour permanente de justice internationale --- Ständiger Internationaler Gerichtshof --- Hague. --- Jōsetsu Kokusai Shihō Saibansho --- C.P.J.I. --- PCIJ --- P.C.I.J. --- Tribunal Permanente de Justicia Internacional --- TPJI --- T.P.J.I. --- Permanent Court of International Justice
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Throughout the twentieth century, the U.S. government willingly deployed power, hard and soft, to protect American investments all around the globe. Why did the United States get into the business of defending its citizens' property rights abroad? The Empire Trap looks at how modern U.S. involvement in the empire business began, how American foreign policy became increasingly tied to the sway of private financial interests, and how postwar administrations finally extricated the United States from economic interventionism, even though the government had the will and power to continue. Noel Maurer examines the ways that American investors initially influenced their government to intercede to protect investments in locations such as Central America and the Caribbean. Costs were small--at least at the outset--but with each incremental step, American policy became increasingly entangled with the goals of those they were backing, making disengagement more difficult. Maurer discusses how, all the way through the 1970s, the United States not only failed to resist pressure to defend American investments, but also remained unsuccessful at altering internal institutions of other countries in order to make property rights secure in the absence of active American involvement. Foreign nations expropriated American investments, but in almost every case the U.S. government's employment of economic sanctions or covert action obtained market value or more in compensation--despite the growing strategic risks. The advent of institutions focusing on international arbitration finally gave the executive branch a credible political excuse not to act. Maurer cautions that these institutions are now under strain and that a collapse might open the empire trap once more. With shrewd and timely analysis, this book considers American patterns of foreign intervention and the nation's changing role as an imperial power.
Right of property --- Americans --- American property --- Investments, American --- Imperialism --- Colonialism --- Empires --- Expansion (United States politics) --- Neocolonialism --- Political science --- Anti-imperialist movements --- Caesarism --- Chauvinism and jingoism --- Militarism --- American investments --- Property, American --- Alien property --- Americans in foreign countries --- Ownership of property --- Private ownership of property, Right of --- Private property, Right of --- Property, Right of --- Property rights --- Right of private ownership of property --- Right of private property --- Right to property --- Civil rights --- Property --- History --- Law and legislation --- United States --- Foreign economic relations. --- Foreign relations --- Politics and government --- E-books --- Foreign property --- Investments, American - History - 20th century --- United States - Foreign economic relations --- United States - Foreign relations - 20th century --- United States - Politics and government - 20th century --- 1900 imbroglio. --- American advisers. --- American court. --- American empire. --- American foreign policy. --- American government. --- American interests. --- American investments. --- American investors. --- American pressure. --- American property rights. --- American property. --- American protection. --- Calvin Coolidge. --- Caribbean. --- Central America. --- Cold War empire. --- Cold War. --- Communist expansion. --- Cuba. --- Democrats. --- Dominican Republic. --- Eisenhower. --- European court. --- Franklin Roosevelt. --- Great Depression. --- Herbert Hoover. --- Kennedy expansion. --- Latin America. --- Latin American governments. --- Liberia. --- McKinley administration. --- Philippines. --- Second World War. --- Soviet Union. --- Soviet bloc. --- Theodore Roosevelt. --- U.S. economy. --- U.S. foreign investors. --- U.S. government. --- U.S. territory. --- United States. --- Warren Harding. --- West Africa. --- Woodrow Wilson. --- aid programs. --- anti-imperialism. --- anti-imperialists. --- arbitration judgments. --- circum-Caribbean. --- communist expansion. --- creditors. --- direct investors. --- domestic political costs. --- economic interventionism. --- empire trap. --- fair compensation. --- fiscal receiverships. --- foreign aid. --- foreign debt. --- foreign government. --- foreign governments. --- foreign nations. --- human rights. --- imperial expansion. --- imperialism. --- international tribunals. --- intervention policy. --- interventionism. --- national integrity. --- nonintervention. --- political innovations. --- political instability. --- political stability. --- politicized confrontations. --- pre-Depression era. --- private investors. --- property rights. --- republican administrations. --- sovereign immunity. --- trade controls.
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