The Right of Actio Popularis before International Courts and Tribunals PDF Download

Author: Farid Ahmadov
Publisher: BRILL
ISBN: 9004380981
Category : Law
Languages : en
Pages : 246

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Book Description
In The Right of Actio Popularis before International Courts and Tribunals Farid Ahmadov provides a detailed analysis of the elements of actio popularis and its operation before various international courts and tribunals.

Author: Mads Andenas
Publisher: BRILL
ISBN: 9004390936
Category : Law
Languages : en
Pages : 474

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Book Description
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278

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Book Description
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469

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Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Author: Isabella Risini
Publisher: BRILL
ISBN: 9004357262
Category : Law
Languages : en
Pages : 294

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Book Description
The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.

Author: Mahnoush H. Arsanjani
Publisher: Martinus Nijhoff Publishers
ISBN: 9004173617
Category : Political Science
Languages : en
Pages : 1119

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Book Description
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.

Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733

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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Author: Fabián Raimondo
Publisher: BRILL
ISBN: 9047431677
Category : Law
Languages : en
Pages : 236

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Book Description
International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004463135
Category : Law
Languages : en
Pages : 520

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Book Description
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Author: Justine Bendel
Publisher: Edward Elgar Publishing
ISBN: 1789901332
Category : Law
Languages : en
Pages : 305

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Book Description
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.