15. Issues of Admissibility and the Law on International Responsibility

2018 ◽  
Author(s):  
Phoebe Okowa
Keyword(s):  
Final Section ◽  
Legal Regime ◽  
Diplomatic Protection ◽  
Unique Nature ◽  
International Responsibility ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication

This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

The Insurer and the Insured Under International Claims Law

1974 ◽  
Vol 68 (4) ◽  
pp. 628-647
Author(s):  
Theodor Meron
Keyword(s):  
International Tribunal ◽  
Insurance Contracts ◽  
Locus Standi ◽  
Diplomatic Protection ◽  
International Responsibility ◽  
Relationship Of ◽  
The Relationship

The object of this article is to examine the role of insurance in international claims,and in particular the relationship of subrogation to the traditional rules of diplomatic protection and nationality of claims. Among the questions to be examined is that of locus standi of insurers in international claims (meaning in this context the standing of a state to present a claim of an insurer to an international tribunal, or to espouse it through diplomatic channels), the nationality of the insurers in relation to that of the insured, and the effect upon an international claim of payment by insurers possessing the nationality of State A to victims of an international wrong possessing the nationality of either State A or of State B. Can State C, which has caused the injury in circumstances involving its international responsibility towards State B, invoke the performance of the insurance contracts, in accordance with which the payments have been made, to deny its responsibility on the ground that the rules of nationality of claims have not been respected? If the insurers have covered the damage suffered in part only, would the quantum of the claim be affected&

Arbitration and Offshore Resources in Disputed Maritime Areas

2020 ◽  
pp. 490-510
Author(s):  
Tibisay Morgandi
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
The State ◽  
Maritime Boundary ◽  
Underlying Basis ◽  
International Tribunals ◽  
The Law ◽  
Maritime Boundary Delimitation ◽  
Observable Fact

This chapter studies the role of arbitration for offshore resources in disputed maritime areas. It is an observable fact that disputes over maritime boundaries are mostly caused by competing desires of states to exploit offshore natural resources, in particular oil and gas deposits. Indeed, it is well known that the law on maritime boundaries was developed precisely in order to allocate rights over offshore natural resources. However, it has also long been observed that the law on maritime boundary delimitation, as developed by international tribunals, ostensibly pays only scant regard to this underlying basis of the disputes at issue. Rather, the law purports to base itself on other principles. In particular, the unilateral activities of the parties are consistently rejected as being ‘relevant circumstances’ relevant to a boundary delimitation. However, if one looks at what tribunals do, instead of what they say they do, it seems that in fact the unilateral activities of the parties concerning the exploitation of offshore hydrocarbons play a rather larger role. Whenever tribunals have some discretion, they invariably choose a delimitation line that gives oil and gas deposits to those parties that have taken the initiative to drill them unilaterally, provided that this drilling has taken place at least within a plausible boundary of the state that issued the concession. Moreover, tribunals are extremely reluctant to draw boundaries over drilled deposits, thus avoiding making them shared as a result of the delimitation exercise.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

Sex-Positive Feminism’s Values in Search of the Law of Pleasure

2021 ◽  
Author(s):  
Susan Frelich Appleton
Keyword(s):  
Popular Culture ◽  
Legal Institutions ◽  
Legal Regime ◽  
The Law ◽  
Sex Positive ◽  
The Way

In challenging traditional stereotypes of female sexualities centered on passivity, subordination, harm, and repronormativity, proponents of sex-positive feminism criticize legal feminism generally for undervaluing women’s pleasure, which they celebrate. Yet these proponents often struggle with charting a supportive and affirmative course for law and legal institutions, which have long fostered sex negativity. Part I of this article identifies sex positivity as a thread that runs through multiple feminisms and that offers a potential answer to criticisms and problems. Along the way, this part demonstrates the importance of power and power disparities in sex-positive feminism and of the role of gender. Part II turns to the place of law and legal institutions in sex-positive feminism, juxtaposing prevailing critiques of law’s sex negativity with promising opportunities for change. Part III continues on this note of optimism, consulting popular culture for possibilities to support a more fully developed sex-positive and feminist legal regime.

Putin-Style “Rule of Law” & the Prospects for Change

Daedalus ◽  
2017 ◽  
Vol 146 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Maria Popova
Keyword(s):  
Rule Of Law ◽  
Evolutionary Change ◽  
Legal Institutions ◽  
Legal Regime ◽  
Positive Shift ◽  
Negative Change ◽  
The Law

In Putin's Russia, the regime uses the law and legal institutions to fulfill political goals, to communicate them to society, and to manage the authoritarian coalition that helps the president govern. As a result, the law is highly consequential and important, but its use tends to be arbitrary, expedient, and instrumental, rather than predictable and principled. Can we expect any major shifts in the role of law and the courts over the next ten years? Russia's legal regime is unlikely to undergo major evolutionary change and may outlive Putin's tenure: both foreign and domestic pressures for change toward constitutionalism are limited. If a positive shift were to take place, Russia would inch toward authoritarian constitutionalism. But negative change is also possible. If Putin's regime weakens, the politicized use of the courts against both dissidents and political competitors within the authoritarian coalition will increase.

Aspects of the Law of International Water Resources

1993 ◽  
Vol 27 (7-8) ◽  
pp. 213-221
Author(s):  
M. Hirsch ◽  
D. Housen-Couriel
Keyword(s):  
Water Resources ◽  
International Law ◽  
Limited Resources ◽  
Legal Regime ◽  
Public International Law ◽  
International Water ◽  
The Law ◽  
National Boundaries ◽  
Point Of Departure

As a result of the nature of lakes, rivers and aquifers, which ignore national boundaries, states are often presented with the problem of how to share and manage these limited resources. The role of law is to clarify the rights and responsibilities of states in such situations. Two aspects of the law of international water resources will be explored in this article. The point of departure for the analysis is public international law itself, which contains principles and guidelines for the utilization and management of water resources by the states which share them. The international legal regime applying to surface water will first be discussed. The second part of the article will consist of a comparison of several treaty regimes which presently apply in a situation of shared water resources between states.

3 Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction

2015 ◽  
Author(s):  
Buga Irina
Keyword(s):  
Final Section ◽  
Law Of The Sea ◽  
Stability And Change ◽  
International Environment ◽  
The Future ◽  
The Law ◽  
Do So

The UN Convention on the Law of the Sea (LOSC) contains both explicit and implicit mechanisms to deal with the changing international environment. Subsequent practice has had a significant impact on the development of the LOSC framework and will continue to do so in the future. This chapter begins by describing the process of modification by subsequent practice in general. It then explores examples of modification in the LOSC and looks at the role of subsequent practice in the process of regime interaction between the law of the sea and other regimes. It examines alternative mechanisms that facilitate informal adaptation and regime interaction in the LOSC, therefore reducing the need for modification by subsequent practice. The final section draws some conclusions regarding the evolution of the LOSC.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

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