Global ETD Search
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Showing 1 to 11 of 11 for “"international courts and tribunals"”.
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Legitimate Interpretation: Comparative Reasoning in International Courts and Tribunals
The interaction between domestic law and international law is a topic of perennial interest for international lawyers. Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. More …
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The Limitations on the Judicial Function of International Courts and Tribunals
The International Court of Justice (ICJ) declared in the Northern Cameroons case that ‘[t]here are inherent limitations on the exercise of the judicial function which the Court, as a court of justice, can never ignore’. On this basis, the ICJ and other international courts and tribunals have …
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The contribution of customary international law to the development of international crimes: the role of international courts and tribunals
The development of international crimes rightly touches the statement, ‘desperate ills need desperate medicines’, made by Mr C.B. Burdekin, a representative from New Zealand, during the thirty-sixth meeting of the United Nations War Crimes Commission on 17 October 1944. The thesis is intrigued by …
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LA RISOLUZIONE DEI CONFLITTI TRA TRATTATI: METODI TRADIZIONALI ALLA PROVA DEI REGIMI AUTONOMI
… norm conflict resolution principles to manage and solve contradictions between autonomous regimes of international law. The analysis starts from the observation that, with the expansion and specialization of international law, traditional types of conflict between conventional provisions have …
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The crime of 'terror' under International Humanitarian Law
… of the crime of ‘terror’ as a war crime under international humanitarian law. Included in Article 51 (2) of Additional Protocol I and in Article 13 (2) of Additional Protocol II to the Geneva Conventions of 1949, the crime prohibits the ‘acts or threats of violence the primary purpose of which …
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Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?
The regime of islands, as captured in Article 121 of the United Nations Convention on the Law of the Sea (LOSC) grants a 200 nautical mile exclusive economic zone and continental shelf to all islands apart from "rocks which cannot sustain human habitation or economic life of their own." The …
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Causation in the Law of State Responsibility
… of responsibility. Second, causation determines and delimits the extent of liability. The first claim of this study is that the decision of the International Law Commission to construct a responsibility regime unconditional on damage did not result in the exclusion of causation from the …
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Self-Judgment in International Law
… the power to ‘self-judge’ the interpretation and application of norms of international law that relate to particularly sensitive issues, such as national security. However, allowing for legally binding unilateral decision-making creates the risk of abuse by states and is thus denounced by most …
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Figments of Fragmentation in International Trade Law: Examining the Systemic Interaction between WTO Law and Regional Trade Agreements
… by examining the interaction between WTO law and the RTA network. Focusing on the role of norms, institutions, and legal processes, it shows how this interaction has led to the development of international trade law into a legal system of international law. The argument is developed in five …
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The Contributions of UNCLOS Dispute Settlement Bodies to the Development of the Law of the Sea
… made to the development of the law of the sea? and (ii) what are the factors that impact the performance of UNCLOS dispute settlement bodies in developing the law of the sea? To that end, Chapter 1 provides a working definition for the concept of ‘judicial development of international law’ in …
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Jurisdictional Aspects of Multiparty Actions in International Dispute Settlement
… questions relating to multiparty actions before international tribunals. Multiparty actions are legal claims commenced jointly by multiple claimants. Jurisdiction over multiparty actions has recently emerged as a contentious issue in investment treaty arbitration (ITA). Tribunals have diverged on …