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Transforming Global Institutions: Four Concrete Cosmopolitan Proposals

Andrew Kuper

in Democracy Beyond Borders: Justice and Representation in Global Institutions

Published in print:
2004
Published Online:
November 2004
ISBN:
9780199274901
eISBN:
9780191601552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274908.003.0005
Subject:
Political Science, International Relations and Politics

How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) ... More


The Procedure of the UN Security Council

Sydney D. Bailey and Sam Daws

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198280736
eISBN:
9780191598746
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198280734.001.0001
Subject:
Political Science, International Relations and Politics

The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ... More


Democracy Beyond Borders: Justice and Representation in Global Institutions

Andrew Kuper

Published in print:
2004
Published Online:
November 2004
ISBN:
9780199274901
eISBN:
9780191601552
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199274908.001.0001
Subject:
Political Science, International Relations and Politics

Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously ... More


The Nomination Process

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0004
Subject:
Law, Public International Law, Legal Profession and Ethics

The nomination process is critical in determining the quality of judges selected to the ICJ and ICC. Both the ICJ and ICC Statutes cover the nomination processes but the rules are open-ended and lack ... More


The International Court of Justice and the International Criminal Court in Historical Context

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0002
Subject:
Law, Public International Law, Legal Profession and Ethics

The design and operation of international judicial selection processes over the last century have taken place in the context of the ad hoc emergence of international courts and tribunals. There are ... More


The Composition of the International Courts

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0003
Subject:
Law, Public International Law, Legal Profession and Ethics

Different factors determine the composition of the international bench. The most important are the court's governing rules and conventions, including individual selection criteria for judges and ... More


Trends and Reforms

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0006
Subject:
Law, Public International Law, Legal Profession and Ethics

Proposals for reform of the selection processes of the international judiciary command considerable support in certain quarters, but face real political hurdles. For this reason, reforms to date have ... More


Relations With Other Organs

Sydney D. Bailey and Sam Daws

in The Procedure of the UN Security Council

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198280736
eISBN:
9780191598746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280734.003.0006
Subject:
Political Science, International Relations and Politics

Discusses relations of the UN Security Council with other organs. The first organ discussed is the UN Military Staff Committee, for which a chronology of activities and instructions is given for the ... More


The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


International Society—The Duty Either to Extradite or Prosecute

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0003
Subject:
Political Science, International Relations and Politics

This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ... More


The Election Process

Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199580569
eISBN:
9780191594489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580569.003.0005
Subject:
Law, Public International Law, Legal Profession and Ethics

Once ICJ and ICC candidates emerge from the national nomination processes, they are presented for election by the states which are, respectively, for the ICJ, members of the UN General Assembly and ... More


Impact on the Right to Consular Notification

Christina M. Cerna

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the issue of the right to consular notification, set forth in Article 36 of the Vienna Convention on Consular Relations (Vienna Convention). The differing considerations of this ... More


Basic Conceptions of International Courts

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter presents three established conceptions that dominate the understanding of the practice and scholarship of international courts: first, the state-oriented conception, which sees ... More


Halls of Justice

Ryan M. Irwin

in Gordian Knot: Apartheid and the Unmaking of the Liberal World Order

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199855612
eISBN:
9780199979882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199855612.003.0004
Subject:
History, Political History, World Modern History

This chapter looks at climax of the 1960s apartheid debate. It focuses on the stakes of a case at the International Court of Justice (ICJ) that pitted the African Group against Pretoria. Beneath the ... More


Responsibility of States for Violations of Human Rights and Humanitarian Norms

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0004
Subject:
Law, Public International Law

This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian ... More


HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Bruno Simma and Theodore Kill

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0036
Subject:
Law, Public International Law, Private International Law

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the ... More


The International Court of Justice

Arman Sarvarian

in Professional Ethics at the International Bar

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199679461
eISBN:
9780191758522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679461.003.0005
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter analyses the procedure and practice of advocacy before the International Court of Justice with supplementary reference to the International Tribunal for the Law of the Sea and other ... More


The ICJ, the ECJ, and the Integrity of International Law1: 2002 Lord Slynn European Law Foundation Lecture 10 Apr 2002

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0062
Subject:
Law, Public International Law

The European Court of Justice (ECJ) and the United Nations’ International Court of Justice (ICJ) were established by interstate treaties. The major issue today seems to be one of the coherence of ... More


Judicial Fairness: The International Courts of Justice

Thomas M. Franck

in Fairness in International Law and Institutions

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198267850
eISBN:
9780191683398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267850.003.0010
Subject:
Law, Public International Law

Almost all political instruments of governance need to be supplemented by third party institutions of dispute settlement. The United Nations Security Council, when it makes decisions based on a ... More


Towards Legalization: Constructing an International Court

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0002
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter takes the reader through four important moments that were key in the creation of the Court as an institution. It briefly outlines the compromises arrived at during the 1899 and 1907 ... More


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