denial of justice in international law hersch lauterpacht memorial lectures

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Denial Of Justice In International Law

Author : Jan Paulsson
ISBN : 1139448285
Genre : Law
File Size : 22. 22 MB
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Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

International Arbitration

Author : Stephen M. Schwebel
ISBN : 0521463238
Genre : Law
File Size : 80. 52 MB
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In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law; and the impact upon arbitration of the withdrawal of a member of the tribunal.

Denial Of Justice In International Law

Author : Jan Paulsson
ISBN : OCLC:848629290
Genre : Denial of justice
File Size : 38. 76 MB
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The Culture Of International Arbitration

Author : Won L. Kidane
ISBN : 9780190667429
Genre : Law
File Size : 22. 98 MB
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Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

Aspects Of The Administration Of International Justice

Author : Elihu Lauterpacht
ISBN : 0521463122
Genre : Law
File Size : 54. 48 MB
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This book focuses on the process of arbitration between States and private persons.

Judicial Acts And Investment Treaty Arbitration

Author : Berk Demirkol
ISBN : 9781107198463
Genre : Law
File Size : 46. 29 MB
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A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

Questions Of Jurisdiction And Admissibility Before International Courts

Author : Yuval Shany
ISBN : 9781316489727
Genre : Law
File Size : 22. 11 MB
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This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

International Dispute Resolution In Latin America

Author : Christian Leathley
ISBN : 9789041124616
Genre : Business & Economics
File Size : 26. 33 MB
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Parties to Latin American commercial transactions have long needed a clear and detailed guide to the dispute resolution mechanisms and procedures available through the many relevant regional institutions that operate in South and Central America, Mexico, and the Caribbean. This incomparable book meets this need. In clear, non-expert English, it explains the different dispute resolution procedures of which companies and their counsel can take advantage in the course of doing business

The International Law Of Investment Claims

Author : Zachary Douglas
ISBN : 9780521855679
Genre : Law
File Size : 59. 28 MB
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This book is a codification of the principles and rules relating to the prosecution of investment claims.

Nordic Journal Of International Law

Author :
ISBN : STANFORD:36105063862465
Genre : International law
File Size : 60. 46 MB
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