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The Standard of Review before the International Court of Justice

The Standard of Review before the International Court of Justice PDF Author: Felix Fouchard
Publisher: Bloomsbury Publishing
ISBN: 1509971319
Category : Law
Languages : en
Pages : 286

Book Description
This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

The Standard of Review before the International Court of Justice

The Standard of Review before the International Court of Justice PDF Author: Felix Fouchard
Publisher: Bloomsbury Publishing
ISBN: 1509971319
Category : Law
Languages : en
Pages : 286

Book Description
This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

In the Opinion of the Court

In the Opinion of the Court PDF Author: William Domnarski
Publisher: University of Illinois Press
ISBN: 9780252065569
Category : History
Languages : en
Pages : 204

Book Description
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
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.

Jurist Prudent -- The Judicial Opinions of Lawrence L. Koontz, Jr., Volume 3

Jurist Prudent -- The Judicial Opinions of Lawrence L. Koontz, Jr., Volume 3 PDF Author: Jr. Lawrence L. Koontz
Publisher: Lulu.com
ISBN: 1257804499
Category : Law
Languages : en
Pages : 574

Book Description
Upon his retirement from active service as a Justice of the Supreme Court of Virginia in 2011, Justice Koontz had completed more than four decades of service to citizens of the Commonwealth of Virginia. In order to recognize that service and help preserve Justice Koontz's legacy as one of the outstanding jurists in Virginia and the United States, the Salem/Roanoke County Bar Association instituted this project to collect all of Justice Koontz's published opinions, both from his tenure as a Justice of the Supreme Court and as an inaugural member of the Court of Appeals of Virginia. This volume is dedicated to the memory of Judge Bernard G. Barrow, one of the "gang of ten" original members of the Court of Appeals. In January 1995, Judge Barrow announced his intention to retire from the Court in June of that year. Sadly, just over two month before his retirement would be come effective, Judge Barrow suffered a fatal seizure and died on March 21, 1995.

The South Western Reporter

The South Western Reporter PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1206

Book Description
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.

The South West Africa/Namibia Dispute

The South West Africa/Namibia Dispute PDF Author: John Dugard
Publisher: Univ of California Press
ISBN: 0520314042
Category : History
Languages : en
Pages : 960

Book Description


The Battle for International Law

The Battle for International Law PDF Author: Jochen von Bernstorff
Publisher: Oxford University Press
ISBN: 0192589482
Category : Law
Languages : en
Pages : 799

Book Description
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

Conditions in the Coal Fields of Pennsylvania, West Virginia, and Ohio

Conditions in the Coal Fields of Pennsylvania, West Virginia, and Ohio PDF Author: United States. Congress. Senate. Committee on Interstate Commerce
Publisher:
ISBN:
Category : Coal miners
Languages : en
Pages : 1442

Book Description


Condition in the Coal Fields of Pennsylvania, West Virginia, and Ohio

Condition in the Coal Fields of Pennsylvania, West Virginia, and Ohio PDF Author: United States U.S. Congress. Senate. Interstate Commerce
Publisher:
ISBN:
Category :
Languages : en
Pages : 1456

Book Description


Interim Measures in The Hague Court

Interim Measures in The Hague Court PDF Author: Jerzy Sztucki
Publisher: Brill Archive
ISBN: 9789065440938
Category : Law
Languages : en
Pages : 364

Book Description
This treatise/casebook is the established standard & authoritative treatment of the rapidly expanding international civil litigation field. The detailed commentary, case analyses, & materials will assist the busy practitioner find comprehensive & practical answers to countless questions that arise in disputes involving foreign parties or transactions. Exhaustive annotations & footnotes provide invaluable research assistance, while clearly written analyses identify key issues. Detailed appendices, practice pointers, model forms, model clauses, an easy-to-use table of contents, & an extensive index all facilitate research.