Author: Christine D. Gray
Publisher: Oxford University Press
ISBN: 9780198254324
Category : Language Arts & Disciplines
Languages : en
Pages : 276
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Book Description
This detailed reference work on international law has been designed for legal scholars, practising international lawyers government legal advisers, and advanced students of international law.
Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427
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Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Author: Dinah Shelton
Publisher: Oxford University Press, USA
ISBN: 9780199243020
Category : Law
Languages : en
Pages : 458
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Book Description
This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
Author: Henry Schermers
Publisher: Springer Science & Business Media
ISBN: 9401744165
Category : Law
Languages : en
Pages : 380
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Book Description
Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.
Author: Chittharanjan Felix Amerasinghe
Publisher: Cambridge University Press
ISBN: 9781139450157
Category : Political Science
Languages : en
Pages : 488
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Book Description
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Author: Dinah Shelton
Publisher: Oxford University Press, USA
ISBN: 0199588821
Category : Law
Languages : en
Pages : 513
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Book Description
Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Author: Gray CD.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Examines the decisions of international arbitral tribunals, the Permanent Court of International Justice and its successor, human rights courts, international administrative tribunals and international commercial tribunals. Considers the approach of these tribunals to the question of judicial remedies and the remedies they employ.
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108417876
Category : Law
Languages : en
Pages : 633
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Book Description
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author: L. J. Brinkhorst
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 392
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Book Description
Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.
Author: Victor Stoica
Publisher: Cambridge University Press
ISBN: 1108490824
Category : Law
Languages : en
Pages : 307
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Book Description
An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.
