Suchergebnisse

The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court's decision on the question of jurisdiction is no less important than on the merits.

The obligation to regulate : the open international legal framework for climate protection -- The right to regulate : jurisdiction and extraterritoriality in theory and practice -- Regulating emissions from foreign production processes under WTO law -- Regulating emissions from international maritime transport under the law of the sea -- Regulating emissions from international aviation transport under international civil aviation law -- The classical principles of state jurisdiction under customary international law -- Exploring the basis of 'climate change jurisdiction' under customary international law -- Jurisdictional limitations : the 'considerate design' approach -- Applying the 'considerate design' approach : opportunities and challenges.

The obligation to regulate : the open international legal framework for climate protection -- The right to regulate : jurisdiction and extraterritoriality in theory and practice -- Regulating emissions from foreign production processes under WTO law -- Regulating emissions from international maritime transport under the law of the sea -- Regulating emissions from international aviation transport under international civil aviation law -- The classical principles of state jurisdiction under customary international law -- Exploring the basis of 'climate change jurisdiction' under customary international law -- Jurisdictional limitations : the 'considerate design' approach -- Applying the 'considerate design' approach : opportunities and challenges.

'Agreements on Jurisdiction and Choice of Law' analyses the law and practice relating to the classification, drafting, validity and enforcement of contractual clauses relating to jurisdiction, choice of law, arbitration and other types of dispute resolution.

Intro -- Preface -- Contents -- Part I: Small Jurisdictions and Social Security: State of the Art -- Chapter 1: Conceptual Framework -- 1.1 Small Jurisdictions -- 1.2 Social Security -- 1.3 Social Security and the Law -- 1.4 An Excursion: Legal Transplants -- References -- Chapter 2: Small Jurisdictions -- Their Common Features, in General and as Far as Social Security Is Concerned -- 2.1 Economic and Environmental Shocks -- 2.2 Scale Disadvantage and Flexibility -- 2.3 Limited Human Resources and Limited Infrastructure -- 2.4 Training Needs -- 2.5 Limited Number of People Covered by Social Security -- 2.6 Importance of Migration -- 2.7 Strong Ties with Other States -- 2.8 Homogeneity, Social Cohesion and Democracy -- 2.9 Proximity -- 2.10 Unified Administration and Fragmentation -- 2.11 Financial Issues -- 2.12 Legal and Social Security Transplants -- References -- Part II: Country Studies: Social Security in Twenty Small Jurisdictions -- Chapter 3: Aruba -- 3.1 Context -- 3.2 Legal Framework of Rights to Social Security -- 3.2.1 Constitutional Context -- 3.2.2 Social Security Legislation and Structure -- 3.2.3 Enforcement of Constitutional and Statutory Rights -- 3.3 Population and the Personal Scope of the Social Security Schemes -- 3.3.1 General Data on the Population and Its Composition -- 3.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes -- 3.4 Administration of Social Security -- 3.5 Coordination -- 3.6 Additional Relevant Information -- Websites -- References -- Chapter 4: Buthan -- 4.1 Context -- 4.2 Legal Framework of Rights to Social Security -- 4.2.1 Constitutional Context -- 4.2.2 Social Security Legislation and Structure -- 4.2.3 Enforcement of Constitutional and Statutory Rights -- 4.3 Population and the Personal Scope of the Social Security Schemes.

This article will review the jurisdiction of the new International Criminal Court (ICC) under the Rome Statute of 17 July 1998. Jurisdiction will be examinedratione personaeandratione materiae, including in each case its scoperatione temporis, concentrating on two separate aspects of jurisdiction as they appear in the Statute. These are jurisdiction to bring charges against an alleged offender and to bring that person to trial, and as a corollary, jurisdiction to detain or arrest an accused or suspected person. Given that it is early in the history of the Rome Statute, some consideration of other issues raised by the Statute is also necessary.