The Case Law of International Courts and Tribunals

2021 ◽  
pp. 157-163
Keyword(s):  
Case Law ◽  
International Courts

Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights

2015 ◽  
Vol 28 (4) ◽  
pp. 863-885 ◽  
Author(s):  
ADAMANTIA RACHOVITSA
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
European Convention ◽  
Vienna Convention ◽  
International Courts ◽  
Good Practices ◽  
European Court ◽  
Interpretation Process ◽  
Fragmentation Of International Law

AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.

Introduction

2007 ◽  
pp. 1-14
Author(s):  
Chester Brown
Keyword(s):  
Dispute Settlement ◽  
Common Law ◽  
Case Law ◽  
Third Party ◽  
Homogeneous Body ◽  
Short Introduction ◽  
International Courts ◽  
International Dispute ◽  
History Of ◽  
International Adjudication

This chapter gives a short introduction to the history of international dispute settlement by third-party adjudication. It notes that there is a gap in the existing literature, being an examination of procedure and remedies before different international courts, and an answer to the question of whether the same procedural rules obtain, and the same remedies are available, before different international judicial bodies. It presents the book's central thesis — that international courts often adopt common approaches to questions of procedure and remedies, which leads to increasing commonality in the case law of international courts. It then explains that the term ‘common law of international adjudication’ refers to the emergence of an increasingly homogeneous body of rules applied by international courts and tribunals relating to procedure and remedies. It then defines the terms ‘procedure’ and ‘remedies’. It also covers certain selected aspects of international adjudication, and reviews the jurisprudence of certain selected international courts and tribunals.

scholarly journals On New ‘Judicial Animals’: The Curious Case of an African Court with Material Jurisdiction of a Global Scope

2019 ◽  
Vol 19 (2) ◽  
pp. 255-289
Author(s):  
Adamantia Rachovitsa
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
International Courts ◽  
African Charter

Abstract The article aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights. The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. Its jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. This article discusses the case law of the Court since 2013, when the Court started functioning, and argues that these concerns are over-emphasized. The analysis underlines the shifting authority of specialized and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced.

scholarly journals The European Court of Justice: What are the Limits of its Exclusive Jurisdiction?

2009 ◽  
Vol 16 (3) ◽  
pp. 291-314 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Member States ◽  
International Courts ◽  
Community Law ◽  
Exclusive Jurisdiction ◽  
Court Of Justice ◽  
European Court ◽  
Academic Discussion

The article explores the limits of the ECJ's exclusive jurisdiction by addressing two main issues: firstly, whether there are exceptions to that exclusivity, such as the application of the CILFIT case law or the exclusion of Community law from the dispute. Secondly, it asks whether other international courts must respect the ECJ's jurisdiction over a case. The article commences by briefly discussing the ECJ's exclusive jurisdiction as it was established in Opinion 1/91 and the Mox Plant-Case and draws conclusions from this case law. It then addresses the above-mentioned points and comes to the conclusion that there are generally no exceptions to the ECJ's exclusive jurisdiction and that the only option open to Member States is to exclude Community law from a dispute (and even that option is subject to limitations). Furthermore, after exploring several routes advanced in the academic discussion, the article comes to the conclusion that other courts must respect the ECJ's jurisdiction and as a consequence declare the case inadmissible.

REFLECTIONS ON MARITIME DELIMITATION IN THECAMEROON/NIGERIACASE

2004 ◽  
Vol 53 (2) ◽  
pp. 369-406 ◽  
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Continental Shelf ◽  
North Sea ◽  
Case Law ◽  
Predominant Role ◽  
International Courts ◽  
The Law

International courts and tribunals have played a predominant role in the development of the law of maritime delimitation.1In fact, since theNorth Sea Continental Shelfcases of 1969, eleven judgments concerning maritime delimitations were given by international courts and tribunals. Owing to the richness of international decisions, one may currently speak of ‘case law’ in the field of maritime delimitations. Thus it is indispensable to consider the evolving process of the law of maritime delimitation on the basis of the practice of international courts and tribunals.

scholarly journals Network Analysis and the Use of Precedent in the Case Law of the CJEU – A Reply to Derlén and Lindholm

2017 ◽  
Vol 18 (3) ◽  
pp. 687-694 ◽  
Author(s):  
Jens Frankenreiter
Keyword(s):  
Network Analysis ◽  
German Law ◽  
Case Law ◽  
The European Union ◽  
International Courts ◽  
Court Of Justice ◽  
The Social ◽  
Interesting Contribution ◽  
Citation Practice ◽  
Acceptable Method

During the last decades, social network analysis has been established as a key technique in a number of disciplines in social science. Its main promise is that it provides tools for researchers to take into account the social context of individual entities or actors. Legal scholars, by contrast, have only recently started to make use of these tools. Nowadays, one particularly prominent application is the use of network analysis to analyze the citation networks of different national and international courts. The contribution by Derlén and Lindholm published in this issue of theGerman Law Journalforms part of this trend. It is the latest in a series of papers studying citations in the case law of the Court of Justice of the European Union (CJEU). Unlike the authors' previous contributions, the paper specifically addresses the use of precedent by the CJEU and assesses the merits of criticism in the literature arguing that the citation practice of the CJEU lacks an acceptable method. The paper provides novel insights into the use of precedent by the CJEU and thus makes an interesting contribution to the emerging scholarship investigating the decision-making of the CJEU by means of quantitative analysis. At the same time, the design of the research raises severe doubts about whether the authors succeed in providing a conclusive response to the critics of the CJEU's citation practice.

The UN Convention on the Rights of Persons with Disabilities

2018 ◽  
Keyword(s):  
United Nations ◽  
Case Law ◽  
Persons With Disabilities ◽  
International Courts ◽  
Disability Law ◽  
United Nations Convention ◽  
The United Nations ◽  
Psychological Education ◽  
Comprehensive Study

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, and literature on the topic in question. Although primarily addressed to lawyers, the volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice.

Abuse of Process: An Impossible Dialogue Between ICJ and ICSID Tribunals?

2020 ◽  
Vol 11 (1) ◽  
pp. 47-68
Author(s):  
Carlotta Ceretelli
Keyword(s):  
Case Law ◽  
Criminal Proceedings ◽  
Present Contribution ◽  
International Courts ◽  
International Convention ◽  
Investment Treaty ◽  
Treaty Shopping ◽  
International Court ◽  
Improper Use ◽  
Investment Treaty Arbitration

Abstract In the backdrop of the proliferation of international courts, the abuse of process revealed its protean nature. Still a foreigner in the International Court of Justice’s (ICJ or the Court) jurisprudence, in investment treaty arbitration it has been shaped in different ways to face multiple forms of the improper use of judicial system. Recently, the cases Immunities and Criminal Proceedings and Application of the International Convention on the Elimination of All Forms of Racial Discrimination have offered two precious occasions of dialogue between ICJ and the tribunals established under the auspices of the International Centre for the Settlement of Investments Disputes (ICSID). Once compared the arguments made on the matter of abuse of procedure in the cases at hand with ICSID case law on treaty shopping and parallel proceedings, the scope of the present contribution will be to understand whether the abuse of process can really become the protagonist of a fruitful interaction between judicial organs.

The ICC's Al Bashir jurisprudence over the last decade: enforcer of the will of States Parties or of a global jus puniendi?

2021 ◽  
Vol 10 (1) ◽  
pp. 54-72
Author(s):  
Florian Held
Keyword(s):  
Rome Statute ◽  
Case Law ◽  
Criminal Court ◽  
International Courts ◽  
The Past ◽  
State Immunity ◽  
Head Of State ◽  
International Court ◽  
The Will ◽  
Independent Existence

Over the course of the past decade, the question of whether States Parties to the International Criminal Court (ICC) could rely on Al Bashir's Head of State immunity when refusing to execute the Court's arrest warrants has occupied the Court through five different cases, finally reaching an Appeals Chamber decision in May 2019. Although Al Bashir has been deposed from power and the controversy around the case has diminished, there are still valuable lessons to be learned from the case law produced. This article poses the question of what kind of court the ICC really is: is it merely enforcing the will of its States Parties or does it develop an independent existence following its own agenda? In the process, the article will shine a light on how the Appeals Chamber is moving the ICC towards a path of judicial independence: it is willing to stretch the limits of the Rome Statute and to possibly disregard the interests of its States Parties. By pronouncing on the absence of a customary rule of Head of State immunity before international courts, the Appeals Chamber aims to broaden the ICC's jurisdiction and to sharpen its profile as an international court acting on behalf of the international community and enforcing a global jus puniendi. Examining the decade of Al Bashir jurisprudence, it becomes clear where these findings originate and why they were by no means unavoidable. Finally, the article will indicate how the distilled features of the Court's character might be put to the test – or how the result of a decade of case law will silently evaporate.

A Satisfactory Answer? The Enrica Lexie Award and the Jurisdiction Over Incidental Questions

2021 ◽  
Vol 30 (1) ◽  
pp. 191-208
Author(s):  
Loris Marotti
Keyword(s):  
Case Law ◽  
International Tribunal ◽  
International Courts ◽  
Relevant Case ◽  
Satisfactory Answer

This article situates the Enrica Lexie award’s stance on the Tribunal’s jurisdiction over the marines’ immunity within the broader debate on the scope of the jurisdiction of international courts and tribunals over incidental questions. After illustrating the Tribunal’s approach to the question at hand, the paper appraises those instances where an international tribunal with limited jurisdiction can decide issues and apply rules that are “external” to its principal jurisdiction. It then focuses on the question of the jurisdiction over incidental issues, which is the most debated avenue for an international tribunal to engage with substantive matters falling outside the scope of the tribunal’s ratione materiae jurisdiction. Finally, the Tribunal’s approach in the Enrica Lexie award is critically assessed against the above debate. It is submitted that, although the award arguably put an end to the longstanding dispute between India and Italy, the Tribunal’s reasoning does not seem to be in line with the conditions for the exercise of jurisdiction over incidental questions as roughly sketched in relevant case law.

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