Assessing the Effectiveness of International Courts by Yuval Shany

Assessing the Effectiveness of International Courts
  • Title : Assessing the Effectiveness of International Courts
  • Author : Yuval Shany
  • Publisher : Oxford University Press
  • ISBN Code : 0199643296
  • Pages : 322
  • Format : Pdf - ePub
  • Language : English
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Summary:

During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.


Selecting Europe's Judges by Michal Bobek

Selecting Europe's Judges
  • Title : Selecting Europe's Judges
  • Author : Michal Bobek
  • Publisher : Oxford University Press, USA
  • ISBN Code : 019872778X
  • Pages : 323
  • Format : Pdf - ePub
  • Language : English
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Summary:

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.


Increasing the Effectiveness of the International Court of Justice by Connie Peck,Roy S. K. Lee,Roy S. Lee

Increasing the Effectiveness of the International Court of Justice
  • Title : Increasing the Effectiveness of the International Court of Justice
  • Author : Connie Peck,Roy S. K. Lee,Roy S. Lee
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9041103066
  • Pages : 542
  • Format : Pdf - ePub
  • Language : English
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Summary:

In April 1996 the ICJ/UNITAR "Colloquium on Increasing the Effectiveness of the Court" brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.' "From the Foreword by Kofi A. Annan, Secretary-General of the United Nations,"


Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein

Legitimacy and International Courts
  • Title : Legitimacy and International Courts
  • Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
  • Publisher : Cambridge University Press
  • ISBN Code : 110842385X
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.


The Oxford Handbook of International Adjudication by Cesare Romano,Karen Alter,Yuval Shany

The Oxford Handbook of International Adjudication
  • Title : The Oxford Handbook of International Adjudication
  • Author : Cesare Romano,Karen Alter,Yuval Shany
  • Publisher : Oxford University Press
  • ISBN Code : 0199660689
  • Pages : 975
  • Format : Pdf - ePub
  • Language : English
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Summary:

This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.


The Development of International Law by the International Court by Hersch Lauterpacht

The Development of International Law by the International Court
  • Title : The Development of International Law by the International Court
  • Author : Hersch Lauterpacht
  • Publisher : Cambridge University Press
  • ISBN Code : 0521463327
  • Pages : 427
  • Format : Pdf - ePub
  • Language : English
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Summary:

The book appraises the international judicial process and will be of value to anyone interested in this subject.


The World Court Reference Guide and Case-Law Digest by Bimal Patel

The World Court Reference Guide and Case-Law Digest
  • Title : The World Court Reference Guide and Case-Law Digest
  • Author : Bimal Patel
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9004261893
  • Pages : 1194
  • Format : Pdf - ePub
  • Language : English
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Summary:

A single-volume comprehensive and systematic overview of procedural and organisational aspects of the jurisprudence of the World Court 2001 to 2010 - evolution of history of cases and advisory opinions; analytical trends on duration of cases, case-law digest of legal maxims and extracts from 1992-2010.


Assessing the Effectiveness of National Human Rights Institutions by N.A

Assessing the Effectiveness of National Human Rights Institutions
  • Title : Assessing the Effectiveness of National Human Rights Institutions
  • Author : N.A
  • Publisher : ICHRP
  • ISBN Code : 2940259674
  • Pages : 45
  • Format : Pdf - ePub
  • Language : English
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Summary:


Dickinson journal of international law by N.A

Dickinson journal of international law
  • Title : Dickinson journal of international law
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Preventing Irreparable Harm by Eva R. Rieter

Preventing Irreparable Harm
  • Title : Preventing Irreparable Harm
  • Author : Eva R. Rieter
  • Publisher : School of Human Rights Research
  • ISBN Code :
  • Pages : 1200
  • Format : Pdf - ePub
  • Language : English
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Summary:

International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.


International Criminal Law by Jordan J. Paust

International Criminal Law
  • Title : International Criminal Law
  • Author : Jordan J. Paust
  • Publisher :
  • ISBN Code :
  • Pages : 1438
  • Format : Pdf - ePub
  • Language : English
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Summary:


Negotiations in the Case Law of the International Court of Justice by Professor Karel Wellens

Negotiations in the Case Law of the International Court of Justice
  • Title : Negotiations in the Case Law of the International Court of Justice
  • Author : Professor Karel Wellens
  • Publisher : Ashgate Publishing, Ltd.
  • ISBN Code : 1409410455
  • Pages : 358
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book presents a detailed and critical analysis of the case law of the International Court of Justice through the prism of a functional analysis between negotiations and the judicial settlement of disputes. The focus is thus not on the merits of each individual case, but on its contribution to and clarification of this functional interplay. The systematic analysis of the case law leads the way for more detailed discussion and debate.


From Soviet to Russian International Law by George Ginsburgs

From Soviet to Russian International Law
  • Title : From Soviet to Russian International Law
  • Author : George Ginsburgs
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9789041105431
  • Pages : 420
  • Format : Pdf - ePub
  • Language : English
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Summary:

Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's "modus operandi" and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. "From Soviet to Russian International Law: Studies in Continuity and" "Change" marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.


International Human Rights Law and Domestic Violence by Ronagh J.A. McQuigg

International Human Rights Law and Domestic Violence
  • Title : International Human Rights Law and Domestic Violence
  • Author : Ronagh J.A. McQuigg
  • Publisher : Taylor & Francis
  • ISBN Code : 1136742085
  • Pages : 192
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence


Protocol No. 14 and the Reform of the European Court of Human Rights by Wouter Vandenhole

Protocol No. 14 and the Reform of the European Court of Human Rights
  • Title : Protocol No. 14 and the Reform of the European Court of Human Rights
  • Author : Wouter Vandenhole
  • Publisher : Intersentia nv
  • ISBN Code : 9050954618
  • Pages : 153
  • Format : Pdf - ePub
  • Language : English
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Summary:

Chapter V. Execution of judgments.


International Perspectives on the Assessment and Treatment of Sexual Offenders by Dr Douglas P. Boer,Dr Reinhard Eher,Dr Leam A. Craig,Dr Michael H. Miner,Dr Friedemann Pfäfflin

International Perspectives on the Assessment and Treatment of Sexual Offenders
  • Title : International Perspectives on the Assessment and Treatment of Sexual Offenders
  • Author : Dr Douglas P. Boer,Dr Reinhard Eher,Dr Leam A. Craig,Dr Michael H. Miner,Dr Friedemann Pfäfflin
  • Publisher : John Wiley & Sons
  • ISBN Code : 9781119996200
  • Pages : 752
  • Format : Pdf - ePub
  • Language : English
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Summary:

International Perspectives on the Assessment and Treatment of Sexual Offenders: Theory, Practice and Research provides the first truly global perspective on the assessment and treatment of sex offenders. Presents a comprehensive overview of current theories and practices relating to the assessment and treatment of sex offenders throughout the world, including the US, Europe, and Australasia Covers all the major developments in the areas of risk assessment, treatment, and management Includes chapters written by internationally respected practitioners and researchers experienced in working with sexual offenders such as Bill Marshall, Ruth Mann, Karl Hanson and Jayson Ware


Can the United Nations Human Rights Committee Evolve into an Effective ‘Court’ of Human Rights? by Frederic Bostedt

Can the United Nations Human Rights Committee Evolve into an Effective ‘Court’ of Human Rights?
  • Title : Can the United Nations Human Rights Committee Evolve into an Effective ‘Court’ of Human Rights?
  • Author : Frederic Bostedt
  • Publisher : GRIN Verlag
  • ISBN Code : 3638634450
  • Pages : 77
  • Format : Pdf - ePub
  • Language : English
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Summary:

Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court’s effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a – thoroughly argued – reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states’ compliance with its final, non-legally binding ‘views’. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective ‘court’ of human rights on a global level.


The Politics of Trade and Tobacco Control by H. Jarman

The Politics of Trade and Tobacco Control
  • Title : The Politics of Trade and Tobacco Control
  • Author : H. Jarman
  • Publisher : Springer
  • ISBN Code : 1137384166
  • Pages : 159
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book uses the concept of political conflict to examine the effects of globalization on tobacco control policies. Analyzing a range of challenges to policies enacted by Australia, Canada, the United States, the European Union and Uruguay, the book examines how the global trading system has narrowed the scope of conflicts over tobacco control.


The Law and Practice of the International Criminal Court by Carsten Stahn

The Law and Practice of the International Criminal Court
  • Title : The Law and Practice of the International Criminal Court
  • Author : Carsten Stahn
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198705166
  • Pages : 1326
  • Format : Pdf - ePub
  • Language : English
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Summary:

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organized along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.


The African Human Rights System, Activist Forces and International Institutions by Obiora Chinedu Okafor

The African Human Rights System, Activist Forces and International Institutions
  • Title : The African Human Rights System, Activist Forces and International Institutions
  • Author : Obiora Chinedu Okafor
  • Publisher : Cambridge University Press
  • ISBN Code : 1139463012
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.


War Crimes Law Comes of Age by Theodor Meron

War Crimes Law Comes of Age
  • Title : War Crimes Law Comes of Age
  • Author : Theodor Meron
  • Publisher : Oxford University Press
  • ISBN Code : 9780198268567
  • Pages : 336
  • Format : Pdf - ePub
  • Language : English
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Summary:

Tribunal for Former Yugoslavia


Selecting International Judges by Ruth Mackenzie

Selecting International Judges
  • Title : Selecting International Judges
  • Author : Ruth Mackenzie
  • Publisher : Oxford University Press
  • ISBN Code : 0199580561
  • Pages : 239
  • Format : Pdf - ePub
  • Language : English
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Summary:

International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.


Annotated Leading Cases of International Criminal Tribunals by André Klip,Göran Sluiter

Annotated Leading Cases of International Criminal Tribunals
  • Title : Annotated Leading Cases of International Criminal Tribunals
  • Author : André Klip,Göran Sluiter
  • Publisher :
  • ISBN Code :
  • Pages : 720
  • Format : Pdf - ePub
  • Language : English
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Summary:

This is the first annotated selection of decisions, orders and judgements of the International Criminal Tribunal for the former Yugoslavia.


The Statute of the International Court of Justice by Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams

The Statute of the International Court of Justice
  • Title : The Statute of the International Court of Justice
  • Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
  • Publisher : OUP Oxford
  • ISBN Code : 0191632546
  • Pages : 1808
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Foreign Law in English Courts by Richard Fentiman

Foreign Law in English Courts
  • Title : Foreign Law in English Courts
  • Author : Richard Fentiman
  • Publisher : Clarendon Press
  • ISBN Code : 9780198258780
  • Pages : 333
  • Format : Pdf - ePub
  • Language : English
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Summary:

The pleading and proof of foreign law are often treated as atters of peripheral importance. But, in reality, how foreign law is established, and whether is must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elementsin a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, andwhether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offersa radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating. Thebook will be recognised by practitioners and scholars alike as a welcome addition to the series of Oxford Monographs in Private International Law.


Encyclopaedia of Occupational Health and Safety by International Labour Office

Encyclopaedia of Occupational Health and Safety
  • Title : Encyclopaedia of Occupational Health and Safety
  • Author : International Labour Office
  • Publisher : International Labour Organization
  • ISBN Code : 9789221092032
  • Pages : 4000
  • Format : Pdf - ePub
  • Language : English
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Summary:

Developed through an extensive process of consultation with leading professionals and health and safety institutions worldwide, the new, expanded, and long-awaited Fourth Edition of this well-respected reference provides comprehensive, timely, and accurate coverage of occupational health and safety. Aimed at the specialist and non-specialist alike, such as lawyers, doctors, nurses, engineers, toxicologists, regulators, and other safety professionals, this compendium is organized and designed to provide the most critical information in an easy-to-read format. It uses more than 1,000 illustrations, a new attractive layout, and provides thousands of cited references that provide up-to-date literature reviews. Indexes by subject, chemical name, and author make navigating through information quick and easy. The CD-ROM version includes the same information as the print volumes, plus the benefit of a powerful search and retrieval engine to make searching for information as easy as a mouse click. Here's a sampling of what's covered in each volume and the CD-ROM: Volume 1: The body, health care, management and policy, tools and approaches Volume 2: Psychological and organizational factors, hazards, the environment, accidents, and safety Volume 3: Chemicals, industries and occupations Volume 4: Index by subject, chemical name, author, cross-reference guide, directory of contributors.


The Law and Practice of the International Court of Justice (1945-1996) by Gbenga Oduntan

The Law and Practice of the International Court of Justice (1945-1996)
  • Title : The Law and Practice of the International Court of Justice (1945-1996)
  • Author : Gbenga Oduntan
  • Publisher : Fourth Dimention Publishing Company Limited
  • ISBN Code :
  • Pages : 262
  • Format : Pdf - ePub
  • Language : English
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Summary:

The author traces the problems and developments of the International Court of Justice since its inception in 1945, when the UN charter was signed. He offers a brief history of the court and its antecedent, the Permanent Court of Justice, and the practical application of the rules and statutes of the International Court of Justice. There are individual chapters on: international disputes; the contentious jurisdiction of the ICJ; the problem of reservations to the court's jurisdiction under the optional clause; the advisory jurisdiction of the world court, a statistical evaluation of the court's work in its first fifty years; an overview of the court's jurisprdence; and problems of the court and alternative futures.


Dealing with Private Debt Distress in the Wake of the European Financial Crisis A Review of the Economics and Legal Toolbox by Ms. Yan Liu,Mr. Christoph B. Rosenberg

Dealing with Private Debt Distress in the Wake of the European Financial Crisis A Review of the Economics and Legal Toolbox
  • Title : Dealing with Private Debt Distress in the Wake of the European Financial Crisis A Review of the Economics and Legal Toolbox
  • Author : Ms. Yan Liu,Mr. Christoph B. Rosenberg
  • Publisher : International Monetary Fund
  • ISBN Code : 1475546238
  • Pages : 21
  • Format : Pdf - ePub
  • Language : English
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Summary:

The private non-financial sector in Europe is facing increased challenges in meeting its debt servicing obligation. In response, governments are revisiting legal tools and—in some cases—institutional arrangements to deal with over-indebtedness. For households, where the problem in some countries is large but no established best practice exists, reforms have generally sought to allow debtors a fresh start while minimizing moral hazard and preserving bank solvency and credit discipline. For the corporate sector, efforts have focused on facilitating debt restruturing (including through out of court mechanisms). Direct government intervention has been rare.


Resolving Claims to Self-Determination by Andrew Coleman

Resolving Claims to Self-Determination
  • Title : Resolving Claims to Self-Determination
  • Author : Andrew Coleman
  • Publisher : Routledge
  • ISBN Code : 1135115915
  • Pages : 376
  • Format : Pdf - ePub
  • Language : English
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Summary:

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.


The International Criminal Court and Peace Processes by Linus Nnabuike Malu

The International Criminal Court and Peace Processes
  • Title : The International Criminal Court and Peace Processes
  • Author : Linus Nnabuike Malu
  • Publisher : Springer
  • ISBN Code : 3030199053
  • Pages : 265
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.


International Courts and Tribunals by William A. Schabas

International Courts and Tribunals
  • Title : International Courts and Tribunals
  • Author : William A. Schabas
  • Publisher : Edward Elgar Pub
  • ISBN Code : 9781782547778
  • Pages : 912
  • Format : Pdf - ePub
  • Language : English
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Summary:

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.


Greening International Jurisprudence by Cathrin Zengerling

Greening International Jurisprudence
  • Title : Greening International Jurisprudence
  • Author : Cathrin Zengerling
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9004257314
  • Pages : 404
  • Format : Pdf - ePub
  • Language : English
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Summary:

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. Author Cathrin Zengerling analyses the institutional structure as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court.


Human Rights Law Journal by N.A

Human Rights Law Journal
  • Title : Human Rights Law Journal
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


International Law Reports by C. J. Greenwood

International Law Reports
  • Title : International Law Reports
  • Author : C. J. Greenwood
  • Publisher : Cambridge University Press
  • ISBN Code : 9780521464147
  • Pages : 722
  • Format : Pdf - ePub
  • Language : English
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Summary:

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.


Transitional Justice in Rwanda by Gerald Gahima

Transitional Justice in Rwanda
  • Title : Transitional Justice in Rwanda
  • Author : Gerald Gahima
  • Publisher : Routledge
  • ISBN Code : 0415522781
  • Pages : 387
  • Format : Pdf - ePub
  • Language : English
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Summary:

Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.


The Performance of International Courts and Tribunals by Theresa Squatrito,Oran Young,Andreas Follesdal,Geir Ulfstein

The Performance of International Courts and Tribunals
  • Title : The Performance of International Courts and Tribunals
  • Author : Theresa Squatrito,Oran Young,Andreas Follesdal,Geir Ulfstein
  • Publisher : Cambridge University Press
  • ISBN Code : 1108425690
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.


Limits of Supranational Justice by Dilek Kurban

Limits of Supranational Justice
  • Title : Limits of Supranational Justice
  • Author : Dilek Kurban
  • Publisher : Cambridge University Press
  • ISBN Code : 110848932X
  • Pages : 300
  • Format : Pdf - ePub
  • Language : English
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Summary:

A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.


The Dalhousie Review by N.A

The Dalhousie Review
  • Title : The Dalhousie Review
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Deference to the Legislature in WTO Challenges to Legislation by Daniel Lovric

Deference to the Legislature in WTO Challenges to Legislation
  • Title : Deference to the Legislature in WTO Challenges to Legislation
  • Author : Daniel Lovric
  • Publisher : Kluwer Law International B.V.
  • ISBN Code : 9041131450
  • Pages : 234
  • Format : Pdf - ePub
  • Language : English
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Summary:

Challenges to domestic legislation before international tribunals are a growing phenomenon in public international law. Consequently, in the field of global trade, the degree of deference given by WTO tribunals to domestic legislatures in challenges to their legislation is an area of increasing importance to practitioners, government officials and academics. This timely work takes a new perspective on the way domestic law is treated at the international level. Using techniques of domestic constitutional law, it examines how international tribunals have treated challenges to legislation. The particular focus is WTO tribunals, but the book also draws on experiences from other international adjudicators, such as the European Court of Human Rights. Drawing from these examples, the author examines how international tribunals have (or have not) deferred to the opinions of the domestic legislature, and the legal techniques they've used in doing so. The treatment is detailed and comprehensive, contrasting and summarizing the relevant WTO case law.


International Banking Regulation:Law, Policy and Practice by George Walker

International Banking Regulation:Law, Policy and Practice
  • Title : International Banking Regulation:Law, Policy and Practice
  • Author : George Walker
  • Publisher : Kluwer Law International B.V.
  • ISBN Code : 904119794X
  • Pages : 622
  • Format : Pdf - ePub
  • Language : English
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Summary:

This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.