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A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


To Create a Power to Refuse: The Rise of a Jurisprudence of Advisory Opinions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter highlights the advising justices’ extraordinary, probably unique, animosity toward their advisory opinion duty, expressing an often open reluctance to advise, even when required by the ... More


Useful Instrument of Government: Defending Advisory Opinions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0004
Subject:
Law, Constitutional and Administrative Law

Defenses of advisory opinions came only after the attacks, and after the advising justices developed restrictions on advising. Surprisingly, the defenses have rarely responded to the attacks, largely ... More


This Peculiar Obligation: The Problem of State Supreme Courts as Advisors

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter begins by considering the relation of advising to the exercise of judicial power and to the legitimacy of that exercise. It argues that advising, far from being merely a bland service to ... More


The State Judicial Branch

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the differences between the federal and state judiciary. Many state judges are elected through a variety of mechanisms. The workload of state supreme courts has evolved over ... More


A Comment on the Current Health of Advisory Opinions From 50 years of the International Court of Justice: Essays in honour of Sir Robert Jennings

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/9780198262350.003.0077
Subject:
Law, Public International Law

There are several matters relating to Advisory Opinions under consideration in the United Nations (UN). There is debate as to whether the UN Secretary-General should be given authorisation under ... More


Other Selected Candidates in Light of the Advisory Opinion on Namibia and the Nuclear Tests Cases

MAURIZIO RAGAZZI

in The Concept of International Obligations Erga Omnes

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298700
eISBN:
9780191707513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298700.003.0009
Subject:
Law, Law of Obligations

Examples of obligations erga omnes beyond those listed in the Barcelona Traction case have also been put forward in international cases. In some of the pleadings regarding the advisory opinion on ... More


The Protection of Victims in Situations of Great Adversity or Defencelessness – I

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0008
Subject:
Law, Human Rights and Immigration

It is significant that the need to secure the individuals' access to justice in the most adverse circumstances has been acknowledged in international case-law in recent years. Such has been the case, ... More


Methodology

CONSTANZE SCHULTE

in Compliance with Decisions of the International Court of Justice

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276721
eISBN:
9780191707667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276721.003.0002
Subject:
Law, Public International Law

This chapter begins with a discussion of the focus of the book, which is to assess the extent to which states participating in ICJ proceedings have respected their obligation to comply with the ... More


The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b) The Outlawing of Genocide

MAURIZIO RAGAZZI

in The Concept of International Obligations Erga Omnes

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298700
eISBN:
9780191707513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298700.003.0005
Subject:
Law, Law of Obligations

The origins of the prohibition of genocide under international law date back to the end of World War II and the Nuremberg trial. The idea of the universal opposability of the prohibition of genocide ... More


Nuclear Weapons

William H. Boothby

in Weapons and the Law of Armed Conflict

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.003.0013
Subject:
Law, Public International Law

This chapter discusses the issues surrounding nuclear weapons. It starts by noting the statements made by the NATO states when they ratified AP1 and reference is made to the declared position of the ... More


Has the Advisory Opinion’s Finding that Kosovo’s Declaration of Independence was not Contrary to International Law Set an Unfortunate Precedent?

Anne Peters

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

In the context of Kosovo’s protracted path to formal independence, some political actors have time and again highlighted the sui generis nature of the Kosovo issue, and denied that it would (or ... More


The Court and its Multiple Constituencies: Three Perspectives on the ‎ Advisory Opinion

André Nollkaemper

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter argues that the Court’s opinion may be explained as an attempt to preserve the longer-term authority of the Court vis-à-vis its constituencies. On the one hand, exposing the conflict ... More


Questions of Jurisdiction and the Discretion to Decline a Request for an Advisory Opinion

Vladimir Djeric

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with questions of the jurisdiction of the International Court of Justice in the Kosovo advisory proceedings and its discretion to decline to exercise advisory jurisdiction. These ... More


The Kosovo Advisory Opinion: What It Says and What It Does Not Say

Christian Walter

in Self-Determination and Secession in International Law

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198702375
eISBN:
9780191772139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198702375.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter analyses the ICJ’s Advisory Opinion, describing it as a tightrope exercise between different functions of an international judiciary: As a dispute settlement body, the Court has the task ... More


Some Implications of the Advisory Opinion for Resolution of the Serbia-Kosovo Conflict

Richard Caplan and Stefan Wolff

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0016
Subject:
Law, Public International Law, Human Rights and Immigration

Exploring the potential for conflict resolution inherent in an ICJ advisory opinion in general terms, the concrete prospects for mitigation and ultimately resolution of the Serbia-Kosovo conflict ... More


The Federal Government

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0003
Subject:
Law, Constitutional and Administrative Law

The structure of the federal government of the United States is characterized by a pronounced application of the principle of separation of powers. A discussion of that principle provides a ... More


The UN Secretary-General and the Advisory Opinion

Mathias Forteau

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

The UN Secretary-General acted in two different capacities in the Kosovo case. Since 1999, he has been supervising the United Nations Interim Administration Mission in Kosovo and has appointed ... More


The Law and Politics of the Kosovo Advisory Opinion

Marko Milanovic and Michael Wood (eds)

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book examines the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo’s independence ... More


The Sounds of Silence: Making Sense of the Supposed Gaps in the ‎ Opinion

Marc Weller

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

The International Court of Justice has been criticized for having left important gaps in its Kosovo advisory opinion. This chapter considers three types of gap: issues on which the Court pronounced ... More


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