Organizational and Procedural Aspects of the Institution of State Agent Before the Echr and Icj PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Organizational and Procedural Aspects of the Institution of State Agent Before the Echr and Icj PDF full book. Access full book title Organizational and Procedural Aspects of the Institution of State Agent Before the Echr and Icj by Bogdan Aurescu. Download full books in PDF and EPUB format.
Author: Bogdan Aurescu
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Being a State Agent before an international jurisdiction is a task of responsibility. A background of personal experience is an advantage in explanation. This article tries to build upon the author's experience as an Agent for Romania before two quite different forums of international justice-the European Court of Human Rights and the International Court of Justice. As any institution, the institution of State Agent entails a set of organizational and procedural requirements to be met in order for the case(s) to be managed successfully towards the solution of disputes. The selection of the Agent, of his home team, of his foreign counsel (if needed) is essential. The provision of sufficient financial resources as well as the decision power, both as far as substantial and administrative aspects involving the case(s), is also important. The in-depth knowledge of all procedural details and the way of making use of them, the respecting of deadlines, the realistic assessment and fixing of time limits and also the manner of leading the team are essential for a positive outcome of the proceedings.
Author: Bogdan Aurescu
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Being a State Agent before an international jurisdiction is a task of responsibility. A background of personal experience is an advantage in explanation. This article tries to build upon the author's experience as an Agent for Romania before two quite different forums of international justice-the European Court of Human Rights and the International Court of Justice. As any institution, the institution of State Agent entails a set of organizational and procedural requirements to be met in order for the case(s) to be managed successfully towards the solution of disputes. The selection of the Agent, of his home team, of his foreign counsel (if needed) is essential. The provision of sufficient financial resources as well as the decision power, both as far as substantial and administrative aspects involving the case(s), is also important. The in-depth knowledge of all procedural details and the way of making use of them, the respecting of deadlines, the realistic assessment and fixing of time limits and also the manner of leading the team are essential for a positive outcome of the proceedings.
Author: Alice Donald
Publisher: Oxford University Press
ISBN: 0198734247
Category : Law
Languages : en
Pages : 369
Get Book Here
Book Description
Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1108842208
Category : Law
Languages : en
Pages : 423
Get Book Here
Book Description
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author:
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 834
Get Book Here
Book Description
Author: Finn Seyersted
Publisher: BRILL
ISBN: 9047433467
Category : Business & Economics
Languages : en
Pages : 632
Get Book Here
Book Description
This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
Author: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 0191632538
Category : Law
Languages : en
Pages : 1798
Get Book Here
Book Description
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Author: Maurizio Ragazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004256083
Category : Business & Economics
Languages : en
Pages : 515
Get Book Here
Book Description
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
Author: Arman Sarvarian
Publisher: OUP Oxford
ISBN: 0191668834
Category : Law
Languages : en
Pages : 1705
Get Book Here
Book Description
Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.
Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 0191640220
Category : Law
Languages : en
Pages : 360
Get Book Here
Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
Author: Nikolaos Voulgaris
Publisher: Bloomsbury Publishing
ISBN: 1509925740
Category : Law
Languages : en
Pages : 259
Get Book Here
Book Description
The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.
