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Keywords: international tribunals
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Journal Article
El desafío iliberal a la independencia judicial: la contribución de los tribunales internacionalesThe illiberal challenge to judicial independence: the contribution of international tribunals
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Giuseppe Martinico and David Mier Galera
International Journal of Constitutional Law, Volume 22, Issue 5, December 2024, Pages 1251–1276, https://doi.org/10.1093/icon/moae060
Published: 01 November 2024
... terminar, explicitaremos nuestras conclusiones. illiberal challenge principle of openness legal constitutionalism international tribunals judicial independence desafío iliberal principio de apertura constitucionalismo jurídico tribunales internacionales independencia judicial Más de tres...
Chapter
Published: 08 December 2011
...This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full force within Germany's domestic legal system. The United States Supreme Court's different resolution...
Chapter
Published: 06 April 2006
...The lack of financial resources can be a major hindrance to recourse to international or national human rights mechanisms. Despite the obvious need of many applicants to legal aid, no issue divided international tribunals in their early jurisprudence as much as the issue of awards of costs...
Chapter
Enforcement of Judgments
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DINAH SHELTON
Published: 06 April 2006
...All international tribunals have expressed concern over ensuring that their views, decisions, and judgments are made effective and that remedies are afforded to the victims of human rights violations. Some of the most innovative developments in the law of remedies can be seen in this regard...
Chapter
Judge Thomas Buergenthal and the Development of International Law by International Courts
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Theodor Meron
Published: 01 July 2011
... Human rights law International humanitarian law Customary humanitarian law Internal conflicts Academia Judge Thomas Buergenthal international law human rights international courts international tribunals It gives me great pleasure to speak on this occasion honoring my very close friend, and one...
Chapter
The Lotus Case in Context: Sovereignty, Westphalia, Vattel, and Positivism
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Stéphane Beaulac
Published: 04 October 2019
... of states Fischer Williams John prohibited state’s ability to do what is not Germany Henkin Louis immunities of territorial administrations and staff absolute immunity Italy General Assembly UN international courts international tribunals jurisdiction statehood jurisdiction of states organs...
Chapter
The European Concept of Jurisdiction in the Colonies
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Nurfadzilah Yahaya
Published: 04 October 2019
... Judicial Committee of the JCPC international courts international tribunals jurisdiction jurisdiction of states territoriality principle colonization decolonization international law history territoriality I. Introduction 60 II. Export of Westphalian Sovereignty 61 III...
Chapter
Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction
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Mariana Valverde
Published: 04 October 2019
... format of epistemology of international law Ewick Patricia Oorschot Irene Özsu Umut passion Silbey Susan crimes against humanity human rights humanitarian intervention Luhmann Niklas Pinochet Augusto state immunity Hobbes Thomas International courts international tribunals jurisdiction I...
Chapter
Published: 04 October 2019
Chapter
The Relationship between International Tribunals and Domestic Courts
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Jacomijn J. van Haersolte-Van Hof and Anne K. Hoffmann
Published: 18 September 2012
..., further issues arising from the interrelation between international tribunals and domestic courts, and waiver of the protection granted by investment treaties. Select Bibliography Alexandrov, Stanimir A , ‘Breaches of Contract and Breaches of Treaty: The Jurisdiction of Treaty-Based Arbitration...
Chapter
Published: 18 September 2012
...This chapter begins by summing up the development of opinions on the possibility of review of the decisions of international tribunals in general. It analyses several key decisions of ad hoc committees established in accordance with the provisions of Article 52 of the ICSID Convention...
Book
The Global Community Yearbook of International Law and Jurisprudence 2021
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Giuliana Ziccardi Capaldo (ed.)
Published online: 19 January 2023
Published in print: 05 January 2023
... the decisions of the various tribunals, a constant element will be the reference to the International Court of Justice and the way the decisions of other international tribunals relate to its jurisdiction. However, not all the modules will be offered annually but only whenever there are developments in each...
Chapter
Trade and Investment Agreements: What Role for Economic, Social, and Cultural Rights in International Economic Law?
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Hans Morten Haugen
Published: 13 March 2014
... relating to IEL and human rights. It then analyses specific provisions of World Trade Organization (WTO) treaties, free trade agreements (FTAs), and bilateral investment treaties (BITs) and how human rights can be introduced by international tribunals when resolving disputes. The chapter also considers...
Chapter
Published: 14 October 1999
...This chapter examines the International Law Commission's (ILC) study on legal principles relating to the responsibility of the state and on defences in the jurisprudence of international tribunals. It highlights the importance of the decisions in the cases Air Services Agreement ...
Chapter
Published: 18 December 2023
... that are seldom acknowledged by doctrinal analyses. Consequently, traditional disciplinary boundaries between the study of law and politics become increasingly difficult to sustain. decision making Delaney E F democratization Dixon R high courts international tribunals Judicial Era judicialization...
Chapter
Published: 18 January 2024
Chapter
Contemporary International Tribunals: Jurisprudential Cross-Fertilization in Their Common Mission of Realization of Justice
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Antonio Augusto Cançado Trindade Trindade
Published: 09 October 2017
... as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ...
Chapter
Keeping Gender on the Agenda for International Benches: A Case Study of the African Court on Human and Peoples’ Rights
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J Jarpa Dawuni
Published: 10 December 2020
... suffrage feminist movement European Court of Human Rights ECtHR geographical background geographic origin legal theory and methodology selection ethnicity intersectionality equality Inter American Court of Human Rights IACtHR International Criminal Court ICC International Tribunal for the Law...
Chapter
Comment and Analysis: Contemporary International Tribunals: Their Jurisprudential Cross-Fertilization Pertaining to Human Rights Protection
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Antônio Augusto Cançado Trindade
Published: 01 September 2015
... College); Member of the Curatorium of the Hague Academy of International Law, of the Institut de Droit International , and of the Editorial Board. Contemporary international tribunals have remained attentive to each other’s case-law. This is reassuring, as their work...
Chapter
The Smurfette Principle: Reflections about Gender and the Nomination of Women to the International Bench
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Liesbeth Lijnzaad
Published: 10 December 2020
... at the practice of the President of the International Tribunal for the Law of the Sea acting as Appointing Authority under Article 3 of Annex VII UNCLOS. 52 The Article clarifies that the respective ITLOS presidents have been called upon as Appointing Authority in nine cases so far. The author...
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