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: 4235

(3) The ISS Case.
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Key Issues in WTO Dispute Settlement

The First Ten Years

Author: Rufus Yerxa,Bruce Wilson

Publisher: Cambridge University Press

ISBN: 9781139449045

Category: Law

Page: N.A

View: 1702

This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.
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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: 2076

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.
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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: 9163

An in-depth analysis of 'product likeness' in GATT law - the key concept for the application of the non-discrimination principle.
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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Author: Michelle T. Grando

Publisher: Oxford University Press

ISBN: 019957264X

Category: Law

Page: 410

View: 6227

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.
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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: 6472

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.
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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: 6437

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.
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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: 4181

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.
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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

Category:

Page: 262

View: 543

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The Burden of Proof in Natural Resources Legislation

Some Critical Issues for Fisheries Law

Author: David Freestone

Publisher: Bernan Assoc

ISBN: N.A

Category: Nature

Page: 25

View: 9194

This Legislative Study examines the use of legal devices to ease or reverse the burden of proof, traditionally borne by the prosecution, in order to facilitate enforcement of fisheries legislation. This is related to the development of the precautionary principle in environmental law, which in a sense reverses the onus of determining whether action that could affect the environment should go forward, and to the enforcement problems of extended fisheries jurisdiction. The use and limits of presumptions, strict liability and broadly defined offences are analysed in light of national constitutional guarantees and of international law.
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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: 6396

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.
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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: 8087

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.
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Criminal Law

Author: David Brody,James Acker

Publisher: Jones & Bartlett Learning

ISBN: 9780763759131

Category: Law

Page: 412

View: 4235

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.
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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: 9047

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.
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Burdens of Proof in Modern Discourse

Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 9780300063066

Category: Law

Page: 362

View: 4724

Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.
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Standards of Review in WTO Dispute Resolution

Author: Matthias Oesch

Publisher: Oxford University Press on Demand

ISBN: 9780199268924

Category: Law

Page: 276

View: 6253

This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can over-ride the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.
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Q & A Revision Guide Evidence 2013 and 2014

Author: Maureen Spencer,John Spencer

Publisher: Oxford University Press

ISBN: 0199661952

Category: Law

Page: 288

View: 3801

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.
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