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| manual on international courts and tribunals: Manual on International Courts and Tribunals Ruth Mackenzie, Cesare P. R. Romano, Yuval Shany, Philippe Sands, 2010 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. |
| manual on international courts and tribunals: Deference in International Courts and Tribunals Lukasz Gruszczynski, Wouter G. Werner, 2014 International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge. |
| manual on international courts and tribunals: The Oxford Handbook of International Adjudication Cesare Romano, Karen Alter, Yuval Shany, 2014 This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them. |
| manual on international courts and tribunals: The Competing Jurisdictions of International Courts and Tribunals Yuval Shany, 2004 Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements. |
| manual on international courts and tribunals: The International Tribunal for the Law of the Sea Kriangsak Kittichaisaree, 2021 Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS. |
| manual on international courts and tribunals: Toward a Just World Dorothy V. Jones, 2002-12-15 Toward a Just World is an insightful and thoughtful history. The first half of the twentieth century and the heroic efforts of those who sought international justice during that time will be much better understood and appreciated thanks to this fascinating book.—Robert F. Drinan, Georgetown University A century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations. As newspapers continue to fill their front pages with stories about how to administer justice to al Qaeda and Saddam Hussein, Toward a Just World will serve as a timely reminder of how the twentieth century achieved one of its most enduring triumphs: giving justice an international meaning. |
| manual on international courts and tribunals: Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations Michael N. Schmitt, 2017-02-02 Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers. |
| manual on international courts and tribunals: In Whose Name? Armin von Bogdandy, Ingo Venzke, 2014 The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community. |
| manual on international courts and tribunals: A Common Law of International Adjudication Chester Brown, 2007 Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication. |
| manual on international courts and tribunals: Litigating International Law Disputes Natalie Klein, 2014-04-10 Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law. |
| manual on international courts and tribunals: Manual on International Courts and Tribunals Sands, Ruth Mackenzie, Yuval Shany, 1999-12-01 This book provides an overview of the jurisdiction and procedures of all the principal general and specialised international dispute settlement bodies. This includes those established in the areas of human rights; international criminal law; law of the sea; trade; investment and regional economic co-operation; development finance; and the environment. Written by leading experts, this book is a practical guide on how to bring, defend or intervene in proceedings before these institutions and clarify how they work. It provides the information needed to offer advice on the appropriate forum, with the confidence of being fully aware of the global range of possibilities and how to use them. |
| manual on international courts and tribunals: International Criminal Jurisdiction Kenneth S. Gallant, 2022 Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action-- |
| manual on international courts and tribunals: Customary International Humanitarian Law Jean-Marie Henckaerts, Carolin Alvermann, Comité international de la Croix-Rouge, 2005-03-03 Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI. |
| manual on international courts and tribunals: Rosenne's The World Court: What It Is and How It Works Daphné Richemond-Barak, 2021-08-16 Rosenne’s The World Court offers a contemporary and interactive take on the UN’s main judicial organ. The International Court of Justice, which has remained largely unchanged since its creation in 1945, operates within a growing network of states and international bodies. The book analyzes the institution via the prism of its relationship with states – the Court’s natural constituency – as well as UN organs, international and domestic courts, academia, and non-state actors. It offers topics for class discussions, moot court exercises, and model syllabi. Direct engagement with the writings of leading scholars in international law and international relations helps uncover the Court’s political and legal role in a complex international order. The book’s novel and multidisciplinary approach make it an essential resource for students, teachers, and scholars. |
| manual on international courts and tribunals: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| manual on international courts and tribunals: Regulating Jurisdictional Relations Between National and International Courts Yuval Shany, 2009-02-26 The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts. |
| manual on international courts and tribunals: International Courts and Tribunals William Schabas, 2014 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. |
| manual on international courts and tribunals: Forum Shopping in International Adjudication Luiz Eduardo Salles, 2014-05-22 Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals. |
| manual on international courts and tribunals: Compliance with Decisions of the International Court of Justice Constanze Schulte, 2004 This title examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgements and interim measures from the Court's creation. |
| manual on international courts and tribunals: Questions of Jurisdiction and Admissibility before International Courts Yuval Shany, 2016 Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals. |
| manual on international courts and tribunals: Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice Diora Ziyaeva, Ian A. Laird, Borzu Sabahi, Anne Marie Whitesell, 2015-05-01 Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America. |
| manual on international courts and tribunals: International Law MARK WESTON. JANIS, John E. Noyes, Leila Nadya Sadat, 2020-06-25 Janis, Noyes, and Sadat on International Law presents this complex subject in an authoritative and well-written casebook. The book introduces the history and nature of international law and its sources--treaties, custom, general principles, jus cogens, and equity. It explains how international law is applied in U.S. courts and in international arbitration and adjudication. The book addresses many of the key settings in which international law plays a critical role: international human rights, the recognition and succession of states and governments, international and non-governmental organizations, war and peace, the law of the sea, and inter-state judicial relations. The book's materials, largely domestic and international judicial decisions, are both sophisticated and teachable, the perfect introductory casebook for any U.S. law school. |
| manual on international courts and tribunals: Science and the Precautionary Principle in International Courts and Tribunals Caroline E. Foster, 2011-03-24 By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards. |
| manual on international courts and tribunals: The Settlement of Disputes in International Law John Greenwood Collier, Vaughan Lowe, 2000 In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed.--Jacket. |
| manual on international courts and tribunals: International Dispute Settlement J. G. Merrills, 2011-03-17 A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice. |
| manual on international courts and tribunals: Diplomatic and Judicial Means of Dispute Settlement Laurence Boisson de Chazournes, Marcelo Kohen, Jorge E. Viñuales, 2012-10-12 '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. |
| manual on international courts and tribunals: Professional Ethics at the International Bar Arman Sarvarian, 2013-09-26 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 the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process. |
| manual on international courts and tribunals: Judges, Law and War Shane Darcy, 2014-08-07 This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts. |
| manual on international courts and tribunals: Cassese's International Criminal Law Antonio Cassese, 2013-01-31 The third edition of International Criminal Law expounds the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law, bringing the political and human contexts to the fore. |
| manual on international courts and tribunals: The Manual of the Law of Armed Conflict Great Britain. Ministry of Defence, 2004 This work provides a full-scale tri-service official UK military manual on the international law of armed conflict. |
| manual on international courts and tribunals: Commentary on the Law of the International Criminal Court Mark Klamberg, 2017-04-29 |
| manual on international courts and tribunals: Tallinn Manual on the International Law Applicable to Cyber Warfare Michael N. Schmitt, 2013-03-07 The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application. |
| manual on international courts and tribunals: The Law and Practice of the International Court Shabtai Rosenne, 1965 |
| manual on international courts and tribunals: The International Criminal Court William Schabas, 2016 This text provides an analysis of the Rome Statute, which established the International Criminal Court. Each of the 128 articles is examined in the light of relevant case law, academic commentary and related international instruments.-- |
| manual on international courts and tribunals: International Judicial Practice on the Environment Christina Voigt, 2019-04-18 Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts. |
| manual on international courts and tribunals: The International Court of Justice Handbook United Nations, 2022-06-27 Drawing on the Household Living Arrangements of Older Persons 2019 Dataset, the World Population Ageing 2020 Highlights will document key patterns and trends of the household living arrangements of older persons around the world. |
| manual on international courts and tribunals: Admissibility of Shareholder Claims under Investment Treaties Gabriel Bottini, 2020-09-17 This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties. |
| manual on international courts and tribunals: Archbold International Criminal Courts Rodney Dixon, Karim A. A. Khan, Adrian Fulford, John Frederick Archbold, Carly Nyst, 2013 This title provides comprehensive guidance on the practice, procedure, and rules of evidence applicable to all international criminal courts. |
| manual on international courts and tribunals: International Courts and Environmental Protection Tim Stephens, 2009-02-12 A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century. |
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