Burden of Proof and Related Issues

A Study on Evidence Before International Tribunals

Author: Mojtaba Kazazi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041101426

Category: Law

Page: 406

View: 2630

(3) The ISS Case.

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Author: Michelle T. Grando

Publisher: Oxford University Press

ISBN: 019957264X

Category: Law

Page: 410

View: 5371

This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.

La jurisprudence de l'OMC / The Case-Law of the WTO, 1999-1

Author: Brigitte Stern,Hélène Ruiz Fabri

Publisher: BRILL

ISBN: 9047421507

Category: Law

Page: 580

View: 9538

This bilingual volume is the fourth in a series, which has the ambition to present the “jurisprudence” of the WTO, in a simple, coherent and systematic fashion. Ce volume est le quatrième d’une série d’ouvrages ayant pour ambition de présenter la « jurisprudence » de l’OMC, de façon simple, cohérente et systématique.

The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 7405

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

Law of the Sea, Environmental Law and Settlement of Disputes

Liber Amicorum Judge Thomas A. Mensah

Author: Tafsir Malick Ndiaye,Rüdiger Wolfrum,Chie Kojima

Publisher: Martinus Nijhoff Publishers

ISBN: 9004161562

Category: Law

Page: 1

View: 3291

This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.

The Relevant Market in International Economic Law

A Comparative Antitrust and GATT Analysis

Author: Christian A. Melischek

Publisher: Cambridge University Press

ISBN: 1107031524

Category: Business & Economics

Page: 401

View: 1414

An in-depth analysis of 'product likeness' in GATT law - the key concept for the application of the non-discrimination principle.

Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: OUP Oxford

ISBN: 0191026506

Category: Law

Page: 400

View: 4665

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

The Authority of the Security Council Under Chapter VII of the UN Charter

Legal Limits and the Role of the International Court of Justice

Author: David Schweigman

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116413

Category: Political Science

Page: 354

View: 4647

This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.

Precautionary Approach to Fisheries

part 1 : guidelines on the precautionary approach to capture fisheries and species introductions. part 2 : scientific papers

Author: N.A

Publisher: Food & Agriculture Org.

ISBN: 9789251038437


Page: 262

View: 831


Criminal Law

Author: Associate Professor Criminal Justice Program Washington State University Spokane David C Brody,David C. Brody,Distinguished Teaching Professor School of Criminal Justice University at Albany New York James R Acker,James R. Acker

Publisher: Jones & Bartlett Publishers

ISBN: 1449636136

Category: Law

Page: 412

View: 3601

The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.

Criminal Law

Author: David Brody,James Acker

Publisher: Jones & Bartlett Learning

ISBN: 9780763759131

Category: Law

Page: 412

View: 1890

The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.

Reconstructing Jury Instructions in Homicide Offenses

Rethinking Homicide Law

Author: Hisham M. Ramadan

Publisher: University Press of America

ISBN: 9780761828532

Category: Law

Page: 120

View: 5221

This book offers critical analysis for jury instructions in the United States. Supported by court decisions, careful interpretation of the United States Constitution, and jurist's arguments, Hisham M. Ramadan thoroughly examines the mental elements in crime, the burden of proof in criminal trials, and the doctrine of reasonableness.

Science and the Precautionary Principle in International Courts and Tribunals

Expert Evidence, Burden of Proof and Finality

Author: Caroline E. Foster

Publisher: Cambridge University Press

ISBN: 1139500163

Category: Law

Page: N.A

View: 8158

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Czech (& Central European) Yearbook of Arbitration - Borders of Procedural and Substantive Law in Arbitral Proceedings - 2013

Author: Alexander J. Bělohlávek,Filip Cerný,Naděžda Rozehnalova

Publisher: Juris Publishing, Inc.

ISBN: 1937518213

Category: Arbitration and award

Page: 438

View: 6247

The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries. The Czech (& Central European) Yearbook of Arbitration® , the younger twin project within the Czech Yearbooks, primarily focuses on the problematic of arbitration from both the national and international perspective. The use of arbitration as a method of dispute resolution continues to increase in importance. Throughout Central and Eastern Europe, arbitration is viewed as being progressive, due to its practical aspects, and to its meeting the needs of specialists in certain practice areas. Central and Eastern Europe, the primary, but not exclusive, focus of this project, is steeped in the Roman tradition of continental Europe, in which arbitration is based on the autonomy of the parties and on informal procedures. This classical approach is somewhat different from the principles on which the system of arbitration in common-law countries is based. Despite similarities among countries in the region, arbitration in Central and Eastern Europe represents a highly particularized and fragmented system. One shortcoming in the use of arbitration in Central and Eastern Europe is the absence of comparative standards or a baseline that would facilitate the identification of commonalities and differences in individual countries, and help resolve problems that are common throughout the region. The CYArb® project aims to address this issue and provide a forum for comparisons of arbitration practice and doctrine in countries within the region, and in relation to practices internationally. It sheds light on both practical and academic aspects within these countries, and compares those approaches to broader European and international practices. This project will also foster a broad exchange of legal research and other information on the subject. The third volume of the CYArb® focuses on the blurry area which borders the procedural and substantial law. Editors, being motivated with an endeavour to provide the readers with complex insight into the problematic, invited authors of Civil same as Common law jurisdictions to provide their insight and analysis on the problems of i.e. mandatory provisions of procedural same as substantive law, issues of application of law in arbitration, adjudication according to the ex aequo et bono principles, issues of the burden and standard of proof and others. The issues are presented on highly comparative basis provided mostly by practitioners who are simultaneously involved in academic activities. The book is divided into four sections. The backbone sections encompass the doctrinal articles of the authors same as case law analysis of the domestic courts from the region relating to the topic, covering the case law of Constitutional, General same as Arbitral courts of the countries from the Central European Region. The rest of the book covers the news in the arbitration area same as interesting arbitration events or published articles and books of the authors from the region. The new volume of the The Czech (& Central European) Yearbook of Arbitration® : Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) brings useful resource for everyone who is dealing with arbitration in all of its aspects, be it an academic, practitioner, law or international relations student who seeks global compendium on the issue including an overlap to economic and politic aspects of the problematic.

The Iran-United States Claims Tribunal

Author: Charles Nelson Brower,Jason D. Brueschke

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041106278

Category: Law

Page: 931

View: 1432

The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

Q & A Revision Guide Evidence 2013 and 2014

Author: Maureen Spencer,John Spencer

Publisher: Oxford University Press

ISBN: 0199661952

Category: Law

Page: 288

View: 743

Q&A Evidence offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.