scholarly journals A New Jurisprudential Framework for Jurisdiction: Beyond the Harvard Draft

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 69-74 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Major Step ◽  
Draft Convention

Eighty years ago, in 1935, a major step was taken in international law; the Harvard Research Draft Convention on Jurisdiction with Respect to Crime (“Harvard Draft”) was published in the American Journal of International Law. The influence of the Harvard Draft has been nothing but phenomenal and must surely have exceeded the drafters’ wildest ambitions. Indeed, it is fair to say that the structure put forward in the Harvard Draft has represented public international law’s approach to jurisdiction ever since.

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

The new International Criminal Court: A preliminary assessment

1998 ◽  
Vol 38 (325) ◽  
pp. 671-683 ◽  
Author(s):  
Marie-Claude Roberge
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Major Step ◽  
International Crimes ◽  
Set Up ◽  
New Institutions

After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.

Part III Epilogue and Reflections, 8 Conclusions and the Way Forward

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
Future Prospects ◽  
International Peace ◽  
Draft Convention

The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.

Draft Convention on the International Responsibility of States for Injuries to Aliens

1961 ◽  
Vol 55 (3) ◽  
pp. 548-584 ◽  
Author(s):  
Louis B. Sohn ◽  
B. B. Baxter
Keyword(s):  
International Law ◽  
The State ◽  
Draft Convention ◽  
International Responsibility ◽  
The Individual

1.A State is internationally responsible for an act or omission which, under international law, is wrongful, is attributable to that State, and causes an injury to an alien. A State which is responsible for such an act or omission has a duty to make reparation therefor to the injured alien or an alien claiming through him, or to the State entitled to present a claim on behalf of the individual claimant.2. (a)An alien is entitled to present an international claim under this Convention only after he has exhausted the local remedies provided by the State against which the claim is made.(b) A State is entitled to present a claim under this Convention only on behalf of a person who is its national, and only if the local remedies and any special international remedies provided by the State against which the claim is made have been exhausted.

Sign in / Sign up

Export Citation Format

Share Document