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: 3798

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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.
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International Courts and the Development of International Law

Essays in Honour of Tullio Treves

Author: Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni

Publisher: Springer Science & Business Media

ISBN: 9067048941

Category: Law

Page: 951

View: 7195

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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
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International Courts and Environmental Protection

Author: Tim Stephens,Tim Stephens (LL. B., M. Phil.)

Publisher: Cambridge University Press

ISBN: 0521881226

Category: Law

Page: 410

View: 8221

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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
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Victim Reparation under the Ius Post Bellum

An Historical and Normative Perspective

Author: Shavana Musa

Publisher: Cambridge University Press

ISBN: 1108471730

Category: History

Page: 295

View: 2311

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Takes an in-depth look into the war victim's right to reparation from the seventeenth century until the present day.
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Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author: Diora Ziyaeva,Ian A. Laird,Borzu Sabahi,Anne Marie Whitesell

Publisher: Juris Publishing, Inc.

ISBN: 1937518701

Category:

Page: 388

View: 5801

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Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law. Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.
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The Statute of the International Court of Justice

A Commentary

Author: Andreas Zimmermann,Karin Oellers-Frahm,Christian J. Tams

Publisher: Oxford University Press

ISBN: 0199692998

Category: Law

Page: 1745

View: 9695

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The International Court of Justice is the principal judicial organ of the United Nations. The composition of the ICJ, its jurisdiction, and procedure are based on the Statute of the International Court of Justice. This updated Commentary analyses the provisions of the Statute and the case law of the ICJ to guide its interpretation.
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International Criminal Procedure

Principles and Rules

Author: Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev

Publisher: Oxford University Press

ISBN: 0199658021

Category: History

Page: 1681

View: 8312

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This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.
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