YUVAL SHANY
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274284
- eISBN:
- 9780191718090
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274284.003.0003
- Subject:
- Law, Public International Law
This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to ...
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This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to the same category. It highlights the infrequent occasions where direct or indirect conflict of jurisdictions has actually taken place. Finally, the chapter assesses the probabilities for the occurrence of future jurisdictional conflicts in the light of anticipated trends in the work of competing international courts and tribunals.Less
This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to the same category. It highlights the infrequent occasions where direct or indirect conflict of jurisdictions has actually taken place. Finally, the chapter assesses the probabilities for the occurrence of future jurisdictional conflicts in the light of anticipated trends in the work of competing international courts and tribunals.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0006
- Subject:
- Political Science, Democratization
In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic ...
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In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.Less
In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0011
- Subject:
- Law, Public International Law
Chapter 10 examines the legal risks of protecting animals abroad by offering a full analysis into the legality of extraterritorial jurisdiction under international law, and is intended to guide ...
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Chapter 10 examines the legal risks of protecting animals abroad by offering a full analysis into the legality of extraterritorial jurisdiction under international law, and is intended to guide states that wish to use it. The reader is introduced to the types of jurisdictional conflicts that can emerge in animal law and shown how states can unilaterally prevent, manage, or mitigate them (such as through the principle of reasonableness, the rule of law, and the prohibition of double jeopardy). The chapter describes avenues for conflict resolution, including resorting to the principle of comity, or entering bilateral and multilateral treaty negotiations. It then elucidates the circumstances under which exercise of jurisdiction violates international law, in particular, the principles of sovereign equality, nonintervention, territorial integrity, and self-determination of peoples. The chapter concludes with an examination of the consequences a breach entails under international law, which is as useful for animal law as much as for other fields of law grappling with extraterritoriality.Less
Chapter 10 examines the legal risks of protecting animals abroad by offering a full analysis into the legality of extraterritorial jurisdiction under international law, and is intended to guide states that wish to use it. The reader is introduced to the types of jurisdictional conflicts that can emerge in animal law and shown how states can unilaterally prevent, manage, or mitigate them (such as through the principle of reasonableness, the rule of law, and the prohibition of double jeopardy). The chapter describes avenues for conflict resolution, including resorting to the principle of comity, or entering bilateral and multilateral treaty negotiations. It then elucidates the circumstances under which exercise of jurisdiction violates international law, in particular, the principles of sovereign equality, nonintervention, territorial integrity, and self-determination of peoples. The chapter concludes with an examination of the consequences a breach entails under international law, which is as useful for animal law as much as for other fields of law grappling with extraterritoriality.
Michael Ostling
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199587902
- eISBN:
- 9780191731228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587902.003.0005
- Subject:
- History, European Early Modern History, Social History
What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials ...
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What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials but in a high rate of execution. Court procedure remained largely accusatory, and the expenses of a trial were considerable. By the same token, once an accuser, usually a nobleman, agreed to fund a trial, he expected and usually got a guilty verdict and a capital sentence. Many town courts sent magistrates to a village to try witches in situ (a practice called deputation): such trials had an especially high execution rate. But jurisdictional conflicts kept the feudal subjects of other noblemen safe from trial, and prevented chain-reaction trials.Less
What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials but in a high rate of execution. Court procedure remained largely accusatory, and the expenses of a trial were considerable. By the same token, once an accuser, usually a nobleman, agreed to fund a trial, he expected and usually got a guilty verdict and a capital sentence. Many town courts sent magistrates to a village to try witches in situ (a practice called deputation): such trials had an especially high execution rate. But jurisdictional conflicts kept the feudal subjects of other noblemen safe from trial, and prevented chain-reaction trials.
Lorenzo Zucca
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199588770
- eISBN:
- 9780191741029
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588770.003.0013
- Subject:
- Law, EU Law, Philosophy of Law
There are two opposite ways of conceiving the relationship between law and fundamental rights in a way that makes jurisdictional conflicts manageable. Both ways are monistic, although in a completely ...
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There are two opposite ways of conceiving the relationship between law and fundamental rights in a way that makes jurisdictional conflicts manageable. Both ways are monistic, although in a completely different way: one posits the superiority of fundamental rights as moral principles over the law (Moralism). The other claims that fundamental rights should be treated as any other rule, only encapsulating very important interests by way of stipulation (Positivism). Moralism relies on value monism, which maintains that any system of values—including fundamental rights—can be presented as a reduction to the one overarching value that makes the whole morally coherent. Positivism relies instead on a formal understanding of law as a system of rules which are produced, applied, and interpreted according to one single master rule which give unity to the overall framework—what we could call legal monism. Under both these monist views, jurisdictional conflicts are only apparent. Value monism suggests that institutions ought to interpret rights in a coherent and harmonious way. Legal monism, on the other hand, suggests that an appropriately broad view of legal systems would bring about doctrinal unity. This chapter argues that the legal monistic reading is preferable because it is more transparent, more predictable, and mirrors closely the reality of the developing relationship between the European Union and the Council of Europe.Less
There are two opposite ways of conceiving the relationship between law and fundamental rights in a way that makes jurisdictional conflicts manageable. Both ways are monistic, although in a completely different way: one posits the superiority of fundamental rights as moral principles over the law (Moralism). The other claims that fundamental rights should be treated as any other rule, only encapsulating very important interests by way of stipulation (Positivism). Moralism relies on value monism, which maintains that any system of values—including fundamental rights—can be presented as a reduction to the one overarching value that makes the whole morally coherent. Positivism relies instead on a formal understanding of law as a system of rules which are produced, applied, and interpreted according to one single master rule which give unity to the overall framework—what we could call legal monism. Under both these monist views, jurisdictional conflicts are only apparent. Value monism suggests that institutions ought to interpret rights in a coherent and harmonious way. Legal monism, on the other hand, suggests that an appropriately broad view of legal systems would bring about doctrinal unity. This chapter argues that the legal monistic reading is preferable because it is more transparent, more predictable, and mirrors closely the reality of the developing relationship between the European Union and the Council of Europe.
Carmen E. Pavel
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780199376346
- eISBN:
- 9780190203344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199376346.003.0007
- Subject:
- Political Science, Political Theory
What alternatives to global democracy are there? Chapter 6 proposes institutional pluralism as one candidate for imagining the structure of international institutions. It argues that we should ...
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What alternatives to global democracy are there? Chapter 6 proposes institutional pluralism as one candidate for imagining the structure of international institutions. It argues that we should support, on reflection, a system of institutional pluralism based on authority distributed among many nodes, on experimentation with institutional design, and on gradualism in the construction of supra-state authority. What is crucial to institutional pluralism is the absence of a central agency or a hierarchy of subordinated agencies that perform all the functions of international cooperation and, in effect, hold a coercive monopoly on power. Drawing on international law, the chapter addresses conceptual worries related to pluralist institutional orders, such as a lack of consistency of the rules, a lack of institutional coherence, and the possibility of jurisdictional conflict.Less
What alternatives to global democracy are there? Chapter 6 proposes institutional pluralism as one candidate for imagining the structure of international institutions. It argues that we should support, on reflection, a system of institutional pluralism based on authority distributed among many nodes, on experimentation with institutional design, and on gradualism in the construction of supra-state authority. What is crucial to institutional pluralism is the absence of a central agency or a hierarchy of subordinated agencies that perform all the functions of international cooperation and, in effect, hold a coercive monopoly on power. Drawing on international law, the chapter addresses conceptual worries related to pluralist institutional orders, such as a lack of consistency of the rules, a lack of institutional coherence, and the possibility of jurisdictional conflict.
Josh Chafetz
- Published in print:
- 2007
- Published Online:
- October 2013
- ISBN:
- 9780300113259
- eISBN:
- 9780300134896
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300113259.001.0001
- Subject:
- Political Science, Comparative Politics
This book compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. Placing legislative privilege in historical context, the book explores how ...
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This book compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. Placing legislative privilege in historical context, the book explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses. Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, the book illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism.Less
This book compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. Placing legislative privilege in historical context, the book explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses. Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, the book illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism.
Joseph P. Griffin
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198268376
- eISBN:
- 9780191683510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268376.003.0010
- Subject:
- Law, Public International Law
This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ...
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This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ‘substantial or effective connection’ with forum state would be an appropriate basis for jurisdiction in cases involving MNE. The chapter suggests that jurisdictional conflicts created by the operations of MNE can be minimized by notification and consultation among states, and by the use of existing international agreements designed to minimize friction arising over assertion of extraterritorial jurisdiction.Less
This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ‘substantial or effective connection’ with forum state would be an appropriate basis for jurisdiction in cases involving MNE. The chapter suggests that jurisdictional conflicts created by the operations of MNE can be minimized by notification and consultation among states, and by the use of existing international agreements designed to minimize friction arising over assertion of extraterritorial jurisdiction.
Lena Boucon
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198705222
- eISBN:
- 9780191774294
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198705222.003.0009
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter examines a neglected phenomenon that occurs in a large number of negative integration cases decided by the European Court of Justice — jurisdictional conflicts between European powers ...
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This chapter examines a neglected phenomenon that occurs in a large number of negative integration cases decided by the European Court of Justice — jurisdictional conflicts between European powers and the retained powers of Member States. It focuses on the European Court of Justice free movement cases , i.e. cases in which it interprets EU primary law, whether the four fundamental freedoms or EU citizenship provisions. Most of these cases comprise analogous formulae, whereby the Court asserts that even though the field at issue falls within Member States' powers, the latter must exercise such powers consistently with European law. It is argued that the Court uses such line of reasoning to subject cases involving very heterogeneous fields to a specific legal framework.Less
This chapter examines a neglected phenomenon that occurs in a large number of negative integration cases decided by the European Court of Justice — jurisdictional conflicts between European powers and the retained powers of Member States. It focuses on the European Court of Justice free movement cases , i.e. cases in which it interprets EU primary law, whether the four fundamental freedoms or EU citizenship provisions. Most of these cases comprise analogous formulae, whereby the Court asserts that even though the field at issue falls within Member States' powers, the latter must exercise such powers consistently with European law. It is argued that the Court uses such line of reasoning to subject cases involving very heterogeneous fields to a specific legal framework.
