The Way to Impartial Justice: Carving an Approach to Effective Decision Making Process, the Role of Individual Judges and Problems Faced by the International Court of Justice

Author(s):  
Adit Sharma ◽  
Rajshree Acharya
Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.


2005 ◽  
Vol 11 (1) ◽  
pp. 133-166
Author(s):  
M. Iqbal

ABSTRACTIn the recent past life companies have made many decisions which they have had cause to deeply regret. This paper looks at the range of decision making theories available. It then examines recent examples of decisions that had unfavourable consequences and explores why they were taken, and goes on to describe a systematic approach to decision making which can help management assess more objectively the difficult choices confronting them today. The approach does not require espousal of any specific decision theory or method of value measurement. The focus is on the decision making process and the organisation's capacity to handle change. The paper identifies the three requirements for effective decision making.


1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.


2021 ◽  
Vol 20 (1) ◽  
pp. 54-76
Author(s):  
Marco Longobardo

Abstract This article explores the role of counsel before the International Court of Justice, taking into account their tasks under the Statute of the Court and the legal value of their pleadings in international law. Pleadings of counsel constitute State practice for the formation of customary international law and treaty interpretation, and they are attributable to the litigating State under the law on State responsibility. Accordingly, in principle, counsel present the views of the litigating State, which in practice approves in advance the pleadings. This consideration is relevant in discussing the role of counsel assisting States in politically sensitive cases, where there is no necessary correspondence between the views of the States and those of their counsel. Especially when less powerful States are parties to the relevant disputes, the availability of competent counsel in politically sensitive cases should not be discouraged since it advances the legitimacy of the international judicial function.


Sign in / Sign up

Export Citation Format

Share Document