Описание: This study undertakes a comparative analysis of provisional measures before international courts and tribunals, examining the whole corpus of practice. It identifies a uniform approach to the question of interim relief, and in the process provides an exhaustive and up-to-date analysis of this rapidly evolving area of international procedural law.
Описание: National courts may refer to the decisions of foreign or international courts in their judgments. This book presents an empirical study of this transnational judicial dialogue through a detailed analysis of domestic case law on the privileges and immunities of international organizations.
Описание: The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Описание: It has been said that we no longer consider whether to pursue justice, but how and when. Justice no longer follows in the wake of peace; it is pursued while violent political conflicts are on-going. This book explores the relationship between peace and justice through an analysis of the interventions of the ICC into on-going and active conflicts.
Описание: This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings, and that the court does not have any informational advantages. It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.
Автор: Gruszczynski, Lukasz; Werner, Wouter Название: Deference in International Courts and Tribunals ISBN: 019871694X ISBN-13(EAN): 9780198716945 Издательство: Oxford Academ Рейтинг: Цена: 21780.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
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