Suchergebnisse

"Different activities conducted by armed forces and their personnel are governed by different branches of international law, in particular international humanitarian law, international criminal law and human rights law. In recent times, the growing number and jurisprudence of international jurisdictions have also addressed the activities of military personnel engaged in different scenarios, including the internal organisation of armed forces and forms of violation of different rules of international law. Relevant decisions include, for instance, the international ad hoc criminal Tribunals, special courts, and truth and reconciliation commissions, as well as human rights courts and the International Court of Justice. This book explores the relationship between armed forces and international tribunals, courts and non-judicial bodies, taking into consideration the case-law developed by those jurisdictions"--Back cover

Abstract
The normally challenging task of teaching international law is amplified when teaching international law in jurisdictions that face ongoing human rights problems and other failures of compliance with international law. In those jurisdictions, the dialectics between the globalized world economy and technology on the one hand and the intensification of hostility to human rights and substantive democracies (ie to the values of public international law) on the other hand are much more pronounced. Students will often resist international law and regard it as the 'enemy of the state' or a source of illegitimate foreign influence. The challenge of international law teachers in those jurisdictions is thus not only to teach international law but also to draw the students into – rather than alienate them from – thinking about their resistance to international law and about the relations between law, power and legitimacy. How to meet this and related challenges is the focus of this paper, which is based on the authors' practical experiences of teaching international law in several jurisdictions with an international law crisis including Hong Kong, Israel, and the People's Republic of China.

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

Introduction -- Globalisation and commercial disputes -- Cross-border jurisdiction in commercial disputes -- Party autonomy in private international law and arbitration -- Existing approaches for regulating arbitral jurisdiction -- A global law model for arbitral jurisdiction -- Arbitral jurisdiction from a state court's perspective -- Arbitral jurisdiction : issues before arbitral tribunals -- Conclusions : arbitral jurisdiction architecture.