International Courts versus Non-Compliance Mechanisms
Title | International Courts versus Non-Compliance Mechanisms PDF eBook |
Author | Christina Voigt |
Publisher | Cambridge University Press |
Pages | 529 |
Release | 2024-02-29 |
Genre | Law |
ISBN | 1009373900 |
Non-compliance mechanisms are more important than ever for helping ensure the effective implementation of treaties, now and into the future.
Civil Society, International Courts and Compliance Bodies
Title | Civil Society, International Courts and Compliance Bodies PDF eBook |
Author | Tullio Treves |
Publisher | T.M.C. Asser Press |
Pages | 0 |
Release | 2005 |
Genre | Law |
ISBN | 9789067044639 |
The well-publicized contributions of civil society in setting items on the international agenda, in developing new international treaties, in exercising pressure on States in favour of or against the ratification of such treaties and in assisting the functioning of new institutions has attracted the attention of scholars who discuss the presence and the role of ‘new actors’ on the international stage. The role of civil society as regards international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field, may be less well-known but is certainly no less important. This book explores this crucial area. The attempt is timely and particularly relevant because of the continuous increase in the number of international courts, tribunals and compliance mechanisms. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well-established role of NGOs in Human Rights Courts and UN bodies as well as in the light of their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also included. The experience of a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, who have contributed to the book, provide it with the necessary variety of approaches and points of view. This book is based on the results of a research project by the Universities of Milan, Brescia and Verona, supported by the Italian Ministry for University and Research, and by PICT, the London-New York Project on International Courts and Tribunals. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and a Professor of International Law at the State University of Milano. Marco Frigessi di Rattalma teaches International Law at the University of Brescia. Attila Tanzi teaches International Law at the University of Verona. Alessandro Fodella teaches International Human Rights Protection at the University of Trento. Cesare Pitea and Chiara Ragni are research assistants at the University of Milan.
The Performance of International Courts and Tribunals
Title | The Performance of International Courts and Tribunals PDF eBook |
Author | Theresa Squatrito |
Publisher | Cambridge University Press |
Pages | 471 |
Release | 2018-04-05 |
Genre | Law |
ISBN | 1108425690 |
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Legitimacy and International Courts
Title | Legitimacy and International Courts PDF eBook |
Author | Nienke Grossman |
Publisher | Cambridge University Press |
Pages | 397 |
Release | 2018-02-22 |
Genre | Law |
ISBN | 1108540228 |
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Compliance with Judgments of International Courts
Title | Compliance with Judgments of International Courts PDF eBook |
Author | M.K. Bulterman |
Publisher | BRILL |
Pages | 184 |
Release | 2023-11-27 |
Genre | Law |
ISBN | 9004637133 |
The symposium Compliance with Judgments of International Courts was held in Leiden on 7 October 1994, on the occasion of the presentation of a Liber Amicorum to Professor Henry G. Schermers. The subject, Compliance with Judgments of International Courts, was discussed by eminent speakers of the International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Communities. The topic is one of great practical importance and an almost undeveloped area of jurisprudence. While most national legal orders employ centralized mechanisms for the enforcement of judgments, such mechanisms are generally lacking at the international level. This raises particular problems which were highlighted during the symposium. The contributions of individual speakers as well as the discussions during the conference are incorporated in this book. The different contexts in which the three international courts are faced with the problem of compliance, and the different experiences of the courts in regard to compliance with their judgments, provide an opportunity to compare and to learn. Discussion on a subject of such practical importance constitutes a small but valuable contribution to the development of general international law.
International Courts versus Non-Compliance Mechanisms
Title | International Courts versus Non-Compliance Mechanisms PDF eBook |
Author | Christina Voigt |
Publisher | Cambridge University Press |
Pages | 529 |
Release | 2024-02-29 |
Genre | Law |
ISBN | 1009373935 |
This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.
Power Politics in Asia’s Contested Waters
Title | Power Politics in Asia’s Contested Waters PDF eBook |
Author | Enrico Fels |
Publisher | Springer |
Pages | 536 |
Release | 2016-02-19 |
Genre | Political Science |
ISBN | 3319261525 |
This volume offers a comprehensive and empirically rich analysis of regional maritime disputes in the South China Sea (SCS). By discussing important aspects of the rise of China’s maritime power, such as territorial disputes, altered perceptions of geo-politics and challenges to the US-led regional order, the authors demonstrate that a regional power shift is taking place in Asia-Pacific. The volume also provides in-depth discussions of the responses to Chinese actions by SCS claimants as well as by important non-claimant actors.