Analysing developments across antitrust, criminal and human rights law, this text explains how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity
This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.
This handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.
Contents: 1. Introduction -- (A) Theoretical Approaches to the Assertion of Jurisdiction: 2. Jurisdiction: The State / Frank Berman -- 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law / Iain Scobbie -- 4. The Exercise of Jurisdiction in Private International Law / Jonathan Hill -- (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law,International Law and EU Law - How do they Relate? / Trevor Hartley -- 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties / Stephen Hyett -- 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction / Brenda Sufrin -- 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) / Colin Warbrick -- 9. Jurisdiction, NATO and the Kosovo Conflict / Christopher Greenwood -- (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction / Hazel Fox -- 11. Assertion of Jurisdiction by the International Court of Justice / Abdul Koroma -- 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee / Dominic McGoldrick -- 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea / Alan Boyle --14 Activism and Restraint in the European Court of Justice / Stephen Weatherill -- 15. The Assertion of Jurisdiction by the European Court of Justice / John Usher.
1. State jurisdiction in international law : complexities of a basic concept / Alexander Orakhelashvili -- 2. The concept of jurisdiction in international law / Cedric Ryngaert -- 3. Universal jurisdiction : concept, logic and reality / Sienho Yee -- 4. Jurisdiction of states and the law of the sea / Yoshifumi Tanaka -- 5. State immunity from jurisdiction between law, comity, and ideology / Alexander Orakhelashvili -- 6. Shared foundations and conceptual differentiation in immunities from jurisdiction / J. Craig Barker -- 7. Immunity from the criminal jurisdiction of national courts / Elizabeth Franey -- 8. The UK State Immunity Act 1978 : history, scope and relation to international law / Alexander Orakhelashvili -- 9. Treaties on state immunity : the 1972 and 2004 conventions / Alexander Orakhelashvili -- 10. Foreign state immunity : a private international law analysis / Richard Garnett -- 11. The status of armed forces in public international law : jurisdiction and immunity / Aurel Sari -- 12. Immunity from execution / Xiaodong Yang -- 13. Torture, jurisdiction and immunity : theories and practices in search of one another / Francois Larocque -- 14. Immunities and international criminal tribunals / Robert Cryer -- 15. Jurisdictional immunity of international organisations : from abstract functionality to absolute immunity / Alexander Orakhelashvili.
Preliminary Material /C. R. F. Amerasinghe -- Chapter One. Introductory Observations /C. R. F. Amerasinghe -- Chapter Two. La Compétence de la Compétence /C. R. F. Amerasinghe -- Chapter Three. Consent As The Basis Of Jurisdiction /C. R. F. Amerasinghe -- Chapter Four. Interpretation Of Clauses Submitting To Jurisdiction /C. R. F. Amerasinghe -- Chapter Five. The Matter Of Compétence /C. R. F. Amerasinghe -- Chapter Six. Inadmissibility /C. R. F. Amerasinghe -- Chapter Seven. Incidental Jurisdiction: Intervention And Interim Measures /C. R. F. Amerasinghe -- Chapter Eight. Jurisdiction Vis-À-Vis Remedies /C. R. F. Amerasinghe -- Chapter Nine. Jurisdiction To Reopen Cases /C. R. F. Amerasinghe -- Chapter Ten. The Iran-U.S. Claims Tribunal /C. R. F. Amerasinghe -- Annex To Chapter Ten /C. R. F. Amerasinghe -- Index /C. R. F. Amerasinghe.
This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles
Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction. Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? This text examines these questions in depth.
In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in depth examination of both the contentious and advisory jurisdiction of this major international judicial institution.--
Drawing on the essential premises of the Law of the Sea Convention as constitution of the oceans, this book looks into the ways it can be evolved to accommodate challenges to its regulatory scheme. It is suitable for those interested in the law of the sea and the structure of international law
Preliminary material /C.F. Amerasinghe -- Chapter One. Prologue /C.F. Amerasinghe -- Chapter Two. The Permanent Court of International Justice and the International Court of Justice: Contentious jurisdiction /C.F. Amerasinghe -- Chapter Three. The Permanent Court of International Justice and the International Court of Justice: Advisory jurisdiction /C.F. Amerasinghe -- Chapter Four. The International Tribunal for the law of the sea /C.F. Amerasinghe -- Chapter Five. International administrative tribunals /C.F. Amerasinghe -- Chapter Six. The European Court of Human Rights /C.F. Amerasinghe -- Chapter Seven. Arbitral tribunals of the international centre for settlement of investment disputes /C.F. Amerasinghe -- Chapter Eight. The judicial type bodies of the World Trade Organization /C.F. Amerasinghe -- Chapter Nine. Epilogue /C.F. Amerasinghe -- Index /C.F. Amerasinghe.
There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections
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