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Power of International Courts to Interpret and Revise Judgments and Awards

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0006
Subject:
Law, Public International Law

This chapter examines in detail two post-adjudication powers of international courts and tribunals: the power of interpretation and the power of revision. It first explains the post-adjudication role ... More


Judgment, Res Judicata and Lis Pendens

European Law

in ELI – Unidroit Model European Rules of Civil Procedure: From Transnational Principles to European Rules of Civil Procedure

Published in print:
2021
Published Online:
November 2021
ISBN:
9780198866589
eISBN:
9780191898815
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198866589.003.0009
Subject:
Law, EU Law

This chapter discusses judgments and judicial settlements. For the purpose of the European Rules of Civil Procedure, a judgment is a decision, which finally resolves the matter by deciding the claim ... More


Application of Jurisdictional-regulating Norms

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0006
Subject:
Law, Public International Law

This chapter discusses the application of forum-selection and multiple proceeding regulating norms to interactions between national and international courts. It begins with a review of forum ... More


The Relationship between International Courts

Tobias Lock

in The European Court of Justice and International Courts

Published in print:
2015
Published Online:
November 2015
ISBN:
9780199660476
eISBN:
9780191748271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660476.003.0002
Subject:
Law, Public International Law

This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of ... More


Fundamental Principles and General Bars

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0023
Subject:
Law, Law of Obligations

This chapter examines general defences and bars, which are of general application to all, or almost all, restitutionary claims. Whereas a bar relates to the establishment of the cause of action, a ... More


The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007

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/9780198262350.003.0103
Subject:
Law, Public International Law

What is the essence of private international law? Typically referred to as constituting ‘the essence’ are topics related to: jurisdiction to hear and determine a case; the applicable law; the ... More


Evidence

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

The Nuremberg Military Tribunals derived their rules of evidence from three sources: Article VII of Ordinance No. 7; the evidentiary provisions of the Uniform Rules of Procedure, which Tribunal I ... More


The Rights of the Accused to Appeal and Revision

Salvatore Zappalà

in Human Rights in International Criminal Proceedings

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199258918
eISBN:
9780191718120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258918.003.0004
Subject:
Law, Human Rights and Immigration, Private International Law

This chapter discusses the rights of the accused to appeal and revision as a means for obtaining redress — judicial and non-judicial remedies. It then talks about the right of the accused to appeal: ... More


Ascertaining the Contents of Domestic Law in Investment Arbitration

Jarrod Hepburn

in Domestic Law in International Investment Arbitration

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198785736
eISBN:
9780191827549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785736.003.0005
Subject:
Law, Public International Law

This chapter sets out a framework for arbitrators when applying domestic law (as law, not fact) in an investment treaty dispute. The chapter focuses on the question of how to ascertain the ... More


Defences

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0009
Subject:
Law, Law of Obligations

Chapter 9 explores remedial defences. It defends three broad arguments. First, the law of remedial defences constitutes a significant, though largely unrecognized, part of remedial law. Second, ... More


Deviating from the Rules of the Game

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is the third chapter dealing with messages conveyed during the hearing of the case. It shows how the Israeli Supreme Court by deviating from its normal practice conveys messages to the ... More


Lawful Bases

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0007
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter draws upon Birk’s theory that, if there is a lawful basis for the defendant’s receipt of an enrichment, restitution should be denied because there is no reason why the law of restitution ... More


Responsibility of the Contracting Member States

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0063
Subject:
Law, Intellectual Property, IT, and Media Law

Actions of the Court are directly attributable to each Contracting Member State individually, including for the purposes of Articles 258, 259 and 260 TFEU, and to all Contracting Member States ... More


Binding effect of decisions or orders subject to security

Martin Chakraborty and Verena Dormann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0514
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to Rule 354.1, decisions and orders are generally always immediately enforceable. However, they can be made conditional on security being rendered. Rule 352 is considered a key provision ... More


Contents of the Defence to revocation and Counterclaim for infringement

Martin Faehndrich, Alexander Klicznik, and Max Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0242
Subject:
Law, Intellectual Property, IT, and Media Law

The Defence to revocation must show whether the defendant responds to the revocation action. This is necessary to establish between which persons the procedural law relationship arises.


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