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Book
Transconstitutionalism
Authors: ---
ISBN: 1782251251 1472561341 1782251243 Year: 2013 Publisher: Oxford Portland, Oregon Hart Publishing

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Abstract

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. This book examines the way transconstitutionalism is evolving and how it effects legal systems. Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders


Book
Mixed Arbitral Tribunals, 1919-1939 : an experiment in the international adjudication of private rights
Authors: ---
Year: 2023 Publisher: Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG,

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Abstract

The creation of 39 Mixed Arbitral Tribunals ('MATs') was a major contribution of the post-World War I peace treaties to the development of international adjudication. With over 90 000 claims handled, the MATs were the busiest international courts of the interwar period. Moreover, in a departure from most other international courts and tribunals at that time, they allowed individuals to file claims against sovereign states before them. After 1945, they inspired the creators of the European Court of Justice before disappearing into quasi-oblivion. Relying on legal and historical research, including new archival findings, this volume is specifically dedicated to these pioneering institutions.


Book
International criminal tribunals : a normative defense
Authors: ---
ISBN: 1108214738 1108216080 1108217435 1108224180 1316414566 1108218784 110712820X 1107567726 1108206638 9781316414569 9781108224185 1108222838 9781108222839 9781107567726 9781107128200 9781107567726 Year: 2017 Publisher: Cambridge : Cambridge University Press,

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In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.

Jurisdiction of International Tribunals
Author:
ISBN: 9041118381 9786610468133 1417555203 1280468130 9047403142 9781417555208 9789041118387 9781280468131 6610468133 9789047403142 Year: 2002 Publisher: Leiden; Boston : Brill | Nijhoff

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This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.


Book
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Author:
ISBN: 1280569352 9786613598950 9004222170 9789004222175 9004222162 9789004222168 Year: 2012 Publisher: Leiden BRILL

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Abstract

This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.


Book
Seeking human rights justice in Latin America : truth, extra-territorial courts, and the process of justice
Author:
ISBN: 1107501601 1139890069 1107546095 1107505933 1107495997 1107516358 1139018809 1107503272 1107513634 9781107503274 9781461953647 1461953642 9781139018807 9781107495999 9781107516359 9780521514361 0521514363 9781107546097 1306211875 Year: 2014 Publisher: Cambridge : Cambridge University Press,

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This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the inter-American human rights system. These extra-territorial courts can jump-start the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.


Book
Pleadings, Minutes of Public Sittings and Documents
Author:
ISBN: 9004350527 Year: 2017 Publisher: Boston : BRILL,

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This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Enrica Lexie” Incident (Italy volume India), Provisional Measures . The documents are reproduced in their original language. The Tribunal delivered its Order on 24 August 2015. It is published in the ITLOS Reports 2015 . Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant L'incident de l'« Enrica Lexie » (Italie c. Inde), mesures conservatoires . Les documents sont publiés dans la langue originale utilisée. Le Tribunal a rendu son ordonnance le 24 août 2015. L’ordonnance est publiée dans le TIDM Recueil 2015 .


Book
A farewell to fragmentation : reassertion and convergence in international law
Authors: ---
ISBN: 9781107082090 1107082099 1107442435 131637761X 1316376613 1316374610 1139979493 9781139979498 9781107442436 1316371611 1316375617 1316365611 9781316374610 Year: 2015 Publisher: Cambridge : Cambridge University Press,

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Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.


Periodical
The law and practice of international courts and tribunals.
Authors: ---
ISSN: 15718034 15691853 Year: 2002 Publisher: [Dordrecht] : Leiden : Kluwer Academic Publishers, Netherlands : Brill


Book
International Judicial Legitimacy : New Voices and Approaches
Authors: --- --- ---
Year: 2020 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Abstract

Zusammenfassung Armin von Bogdandy und Ingo Venzke stellten mit “In Whose Name?” bereits 2014 die grundsätzliche Frage nach der Legitimität internationaler Gerichtshöfe. Der vorliegende Band führt die Debatte weiter: Woraus schöpfen internationale Organisationen und Gerichte ihre Legitimität und wie tragen sie zur Demokratisierung des Völkerrechts bei? Wie steht es um die demokratische Legitimität internationaler Menschenrechtsgerichtshöfe? Der Band bietet eine breite Diskussion zu aktuellen Fragen des internationalen Rechts. Abstract These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book “In Whose Name?” by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.

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