Suchergebnisse

While international law has recognised a human right to science since 1948, the binding normative content of this right still needs to be clarified and specified. It is rarely discussed by states when they report on their obligations under the various international human rights treaties (UN and ICESCR), and receives scant attention by international human rights bodies. To advance our understanding of this under-studied and under-appreciated right, this chapter offers an overview of ways in which the right to science can be advanced and realised. The chapter is divided into three parts: the first section discusses the recognition of the right to science under international and regional legal instruments; the second presents a literature review; and the third discusses the use (mobilisation) of international adjudicative and political forums to advance the right to science and to shape its normative content.

Commission of the European Communities v. Ireland. Case C-459/03. Jud gment. At <http://eur-lex.europa.eu>.Court of Justice of the European Communities (Grand Chamber), May 30, 2006.On May 30,2006, the Court of Justice of the European Communities (ECJ) ruled on Case C-459/03, Commission v. Ireland, brought by the European Commission (Commission) and alleging Ireland's failure to fulfill obligations under the Treaty Establishing the European Community (EC Treaty). In 2001, Ireland had initiated proceedings against the United Kingdom before an ad hoc Arbitral Tribunal pursuant to the Annex VII dispute settlement procedures of the 1982 UN Convention on the Law of the Sea (LOS Convention). In the present case, the Commission alleged, first, that Ireland breached Article 292 of the EC Treaty and Article 193 of the EURATOM Treaty (EA Treaty) because, by submitting the dispute to Annex VII arbitration, Ireland failed to respect the ECJ's exclusive jurisdiction on the interpretation and application of EC law. Second, the Commission claimed that Ireland had violated Article 10 of the EC Treaty and Article 192 of the EA Treaty because, by not consulting with the Commission before initiating arbitral proceedings, Ireland had hindered the achievement of the EC's tasks and jeopardized the attainment of the objectives of the EC Treaty. The Court upheld all complaints.

This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.