Identity and Diversity on the International Bench: Who is the Judge? By Freya Baetens (ed)
In: The British yearbook of international law
ISSN: 2044-9437
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In: The British yearbook of international law
ISSN: 2044-9437
In: Collection Jus Gentium
In: Collection Jus gentium
In: Max Planck Encyclopedia of International Procedural Law, published by OUP, 2019
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Working paper
In: International Organizations Law Review, Volume 7, p. 405–439
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Collecting information has always been both a necessity and a challenge for the United Nations. The timely and accurate knowledge of relevant facts is undoubtedly a necessary prerequisite when exercising its functions. However, given the lack of autonomous sources of information, the United Nations is more often than not reliant upon States to acquire information before they take any action. Recent practice in this respect is marked by informality and opaqueness. These traits come into sharp focus particularly in the context of investigations led by United Nations. What this article will attempt to show is that flexibility, or at least good-functioning, does not necessarily imply informality. By taking similar examples of exchanges of information at the international, European and domestic levels, it will be argued that a formal legal basis stressing a limited number of conditions for the exchange of information has already been established and thus may be possible in the context of the United Nations.
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In: European journal of international law, Volume 23, Issue 4, p. 963-989
ISSN: 0938-5428
World Affairs Online
In: European journal of international law, Volume 23, Issue 4, p. 963-989
ISSN: 1464-3596
Domestic authorities, including national courts, at times, resist accepting the decisions of international courts and tribunals. The formal division between the national and international legal orders creates space for domestic authorities to contest or avoid international binding judicial decisions. The present special issue examines domestic contestations in multiple fields of international law, including human rights and investment law. In contesting some of the international decisions, domestic authorities invoke a wide range of legal bases in resisting the effect of international decisions. The contributions in the present issue examine various such argumentative bases of contestations. The contributions also consider whether domestic resistance could give rise to the opportunity for international courts and tribunals to critically reflect on their own decisions and underlying reasoning.
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In: Global Administrative Law: the Casebook, 3rd ed., S. Cassese, B. Carotti, L. Casini, E. Cavalieri, E. MacDonald, M. Macchia, M. Savino, eds., IRPA-IILJ, 2012
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