Professional Ethics at the International Bar

Author: Arman Sarvarian
Publisher: Oxford University Press
ISBN: 0199679460
Format: PDF, Kindle
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The number of practitioners appearing before international courts, tribunals, and arbitral panels has risen sharply in the last decade, prompting concerns over ethics and best practice standards. This book assesses these issues, and argues that common ethical standards will be key to maintaining the integrity of the international judicial system.

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004302123
Format: PDF, ePub, Docs
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Challenges and Recusal of Judges and Arbitrators in International Courts and Tribunals provides an in-depth analysis of a fundamental control mechanism of international dispute resolution in the context of some of the main international courts and tribunals. The book also assesses specific grounds and standards for challenging judges and arbitrators, and includes both regional and personal perspectives.

The European Court of Justice and International Courts

Author: Tobias Lock
Publisher: Oxford University Press, USA
ISBN: 0199660476
Format: PDF, ePub, Mobi
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The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreements. While the CJEU considers these 'integral parts' of EU law, other international courts will also have jurisdiction in such cases. This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses the special relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequent cross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.

Selecting International Judges

Author: Ruth Mackenzie
Publisher: Oxford University Press
ISBN: 0199580561
Format: PDF, ePub, Docs
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International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

Research Handbook on International Courts and Tribunals

Author: William A. Schabas
Publisher: Edward Elgar Publishing
ISBN: 1781005028
Format: PDF, ePub, Docs
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This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.

International Court Authority

Author: Mikael Rask Madsen
Publisher: Oxford University Press
ISBN: 0192515047
Format: PDF, Mobi
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An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

Transplanting International Courts

Author: Karen J. Alter
Publisher: Oxford University Press
ISBN: 0191502138
Format: PDF, Mobi
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The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the Tribunal was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the Tribunal's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. It finally provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.

A Common Law of International Adjudication

Author: Chester Brown
Publisher: Oxford University Press, USA
ISBN: 9780199563906
Format: PDF, ePub, Docs
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Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assesses whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.

Complementarity in the Rome Statute and National Criminal Jurisdictions

Author: Jann K. Kleffner
Publisher: Oxford University Press
ISBN: 0199238456
Format: PDF, ePub, Docs
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This book addresses one of the central features of the Statute of the International Criminal Court, known as the 'principle of complementarity'. According to this principle, the ICC will only be able to address such cases in which States prove to be inactive, either 'unwilling' or 'unable' to proceed with investigations and prosecutions of 'core crimes' such as war crimes, crimes against humanity, and genocide at the domestic level. As such, complementaritycreates a presumption in favour of acting domestically, rather than at the international level. In the light of various obstacles which have prevented domestic courts from fulfilling a central task in the endevour to fight impunity, the book raises the question whether and to what extent the Statute ofthe ICC in general and the principle of complementarity in particular contribute anything to overcoming these obstacles.