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Resisting the European Court of Justice
Investigates how the fundamental transformations in the European legal system were received in one of the most important European Union member states, Germany.
The Burden of Proof in Comparative and International Human Rights Law
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in i...
International Law at a Time of Perplexity
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nat...
Resolving Claims to Self-Determination
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future ...
Non-Governmental Organisations in International Law
Non-governmental organisations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This 2006 book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, the rights, obligations, locus standi and consultative status of NGOs are explored. This study is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law.
The Statute of the International Court of Justice
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts...
Enclyclopedia of Public International Law
Digital Communications
The Crime of Aggression Under the Rome Statute of the International Criminal Court
An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
Israel yearbook on human rights. 20. 1990 (1991)
The definition of minorities in international law / Shaw, M.N. ; Are human rights legals? / Rubin, A.P. ; Can minorities treaties work? / Bilder, R.B. ; Toward a minority convention : its need and content / Rith, S.J. ; The legal status of population groups in a multinational states under public international law / Hailbronner, K. ; Freedom of religion and the protection of religious minorities / Dinstein, Y. ; Notes toward an idea : freedomf of speech and minorities in the United States / Bollinger, L.C. ; Minority rights in the CSCE context / Tabory, M. ; The 1989 ILO convention on indigenous populations : new standards? / Lerner, N. ; On being overly discrete and insular : involuntary groups and the Anglo-American judicial tradition / Soifer, A. ; The Arabs of Israel : between hammer and anvil / Stendel, O. ; International protection of minorities ; the Soviet perspective / Kartashkin, V.A. ; Jews in the USSR : a minority at crossroads / Magen Z. ; Are minorities entitled to collective international rights? / Capotorti F. ; The protection of minorities and human rights / Rosenne, S.
Litigation at the International Court of Justice
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.
