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A Common Law of International Adjudication

Chester Brown

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.001.0001
Subject:
Law, Public International Law

The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant contribution to ... More


International Court Enforcement

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0009
Subject:
Law, Public International Law

Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a ... More


Introduction

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter provides some context on fairness in international criminal trials. It discusses the establishment of the international criminal tribunals and the growth of international criminal ... More


Setting the Highest Standards of Fairness, or Just ‘Fair Enough’?

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

The chapter argues that international criminal tribunals should set the highest standards of fairness in their proceedings. Some reasons in favour of international criminal tribunals espousing the ... More


The Principle of Legality at the Crossroads of Human Rights and International Criminal Law

Shane Darcy

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights ... More


Democracy and Distrust in International Law: The Procedural Democracy Doctrine and the Standard of Review Used by International Courts and Tribunals

Benedikt Pirker

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0004
Subject:
Law, Public International Law, Comparative Law

Chapter 4 proposes Ely’s procedural democracy doctrine as a possible approach to justifying and evaluating the legitimacy of different standards of review used by international courts and tribunals ... More


The Role of Counsel Ethics in International Litigation

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/9780199679461.003.0002
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter sets out the theoretical context for the study by exploring the central themes and issues concerning common ethical standards for counsel. It examines the principal arguments employed in ... More


Theorizing Precedent in International Law

Harlan Grant Cohen

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0013
Subject:
Law, Public International Law, Constitutional and Administrative Law

Precedent presents a puzzle for international law. As a matter of doctrine, judicial decisions are not-in-and-of themselves law. And yet, international precedent is everywhere. From international ... More


Treaty Change, Arbitral Practice and the Search for a Balance: Standards of Review and the Margin of Appreciation in International Investment Law

Erlend M. Leonhardsen

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0008
Subject:
Law, Public International Law, Comparative Law

The chapter analyses the recent shift in States’ practice concerning international investment obligations, arguing that States increasingly seek to create or extend the existing margin of ... More


Interpreting Fairness in International Criminal Trials

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines a number of theories of fairness and how they might inform our understanding of what fairness means in the context of international criminal trials. It also discusses the ... More


The Interplay between Domestic and International Jurisdictions on Fair Trial Matters

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter argues that international criminal tribunals can encourage states to respect and protect the right to a fair trial. This is perhaps most explicit in the practice of the ICTY and ICTR ... More


Conclusion

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter provides an overview of some of the key findings on fairness in international criminal trials and the recommendations made throughout Chapters 1-6. It also discusses some continuing ... More


Procedural Actors and the Right to a Fair Trial

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0004
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the extension of procedural guarantees of the accused such as the right to trial without undue delay to other parties with an interest in the outcome of proceedings, such as the ... More


The Judicialization of International Law: A Mixed Blessing?

Andreas Follesdal and Geir Ulfstein (eds)

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198816423
eISBN:
9780191853685
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198816423.001.0001
Subject:
Law, Public International Law

International relations are increasingly judicialized by the increasing number of international courts and tribunals. On the one hand this judicialization of international law is hailed as a glimmer ... More


A Human Right to a Clean Environment: A Reappraisal

Malgosia Fitzmaurice

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0012
Subject:
Law, Public International Law

This article explores the human right to a clean environment from the substantive and procedural points of view. It analyses the current state of affairs regarding the human right to a clean ... More


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