Part III Security Governance Tools, Ch.40 International Courts and Tribunals and Violent Conflict

2021 ◽  
Author(s):  
Tams Christian J
Keyword(s):  
Legal Framework ◽  
Violent Conflict ◽  
International Courts ◽  
Security Governance ◽  
International Dispute ◽  
Governance Tools ◽  
History Of ◽  
International Adjudication ◽  
Violent Conflicts ◽  
Over Time

This chapter examines international adjudication and arbitration, assessing the diverse roles of international courts and tribunals (ICaTs) in relation to violent conflicts. It shows that, over time, ICaTs have come to render decision upon decision, but—contrary to the expectations of early arbitration movements—hardly ever prevent ‘wars between nations’. Their mandates have been expanded, but typically only cover aspects of violent conflicts. While such aspects are today increasingly submitted to arbitration or adjudication, ‘conflict litigation’ remains controversial and challenges the authority of ICaTs. As the chapter demonstrates, the significance of arbitration and adjudication over questions of violent conflict has varied over time and forms part of the general history of international dispute resolution. Having surveyed this general history, the chapter sketches out the evolving legal framework governing courts and conflicts. It discusses which aspects of violent conflicts are addressed by ICaTs under contemporary international law and highlights current challenges of ‘conflict litigation’.

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 Comity and International Courts and Tribunals

2018 ◽  
Author(s):  
Thomas Schultz ◽  
Niccolo Ridi
Keyword(s):  
Analogical Reasoning ◽  
Dispute Settlement ◽  
Common Interest ◽  
International Courts ◽  
Procedural Law ◽  
International Dispute ◽  
History Of ◽  
International Adjudication ◽  
The Individual ◽  
Article 5

Cornell International Law Journal: Vol. 50 : No. 3 , Article 5.This study seeks to clarify the importance, current and potential, of the use of comity by international courts and tribunals. Our findings support the idea that comity might be an emerging principle of procedural law, though agreement on its exact meaning— or unequivocal choices among its many connotations— still tends to be uncommon. We submit that, as long as other solutions are not in place, the principle can be successfully employed to assist international courts and tribunals in mediating jurisdictional conflicts between themselves by balancing coordination efforts and the demands of justice in the individual cases.Comity may serve as a meta-principle of coordination between international judicial bodies, to be employed in the pursuit of the common interest to an efficient and fair system of international dispute settlement. There are strong reasons militating in favour of this proposition: international tribunals, by and large, possess the powers necessary to exercise it; international judges and arbitrators know how to use it; and its long history of applications at the domestic level suggests that it can be employed successfully for a variety of purposes.We also submit the hunch that comity may most likely be employed as a central principle for further aspects of the coordination of international adjudication, for instance informing the sound use of analogical reasoning and precedent-borrowing process. Further study will be required to assess the potential of comity in this context. We have, so far, restricted ourselves to a simpler and more crucial task, seeking to resituate the principle of comity as one on which to rely for the resolution of different types of conflicts between international jurisdictions, and to question the traditional assumption that it is just an unhelpful complication: its history and rediscovery suggest otherwise.

Conclusion

2007 ◽  
pp. 260-262
Author(s):  
Chester Brown
Keyword(s):  
Dispute Settlement ◽  
Common Law ◽  
International Courts ◽  
International Dispute ◽  
Common Practices ◽  
Solid Foundation ◽  
The Common ◽  
International Adjudication ◽  
Further Development ◽  
Cross Fertilization

This concluding chapter notes that the book has asked whether international courts, in interpreting and applying their powers over procedure and remedies, have considered and sought to adopt the practices of other international courts. The book examined the sources of procedural and remedial competences of the principal international courts, and analysed the tools available to international courts to engage in cross-fertilization on issues relating to procedure and remedies. It then examined the degree of common practice with respect to several aspects of international adjudication: rules of evidence, the power to grant provisional measures, the power to interpret and revise judgments, and the remedies available in international adjudication. It then proposed various factors which explain the emergence of common practices, and noted limitations to its further development. Finally, it reviewed the practical and theoretical implications of the common law of international adjudication, concluding that it serves as a solid foundation for the further development of a harmonious system of international dispute settlement.

Voting Behavior of National Judges in International Courts

1969 ◽  
Vol 63 (2) ◽  
pp. 224-236 ◽  
Author(s):  
Il Ro Suh
Keyword(s):  
Voting Behavior ◽  
International Justice ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
International Adjudication

It has been assumed in international adjudication that each state in the litigation should be permitted to have a judge of its own nationality on the bench. This practice of employing national judges in international courts is deeply rooted in the history of arbitration and judicial settlement. Responding to a demand for it, the Committee of Jurists in 1920–1921 embodied the plan in Article 31 of the Statute of the Permanent Court of International Justice. This article was transferred intact to the Statute of the present International Court of Justice in 1945. Whether judges of the nationality of the parties, either in arbitration tribunals or in courts of justice, can be counted upon to be as “independent” as the processes of justice require, and as Article 2 of the present Statute stipulates, is a question of some moment to present-day international justice. It has been suggested as an alternative that a judge on the International Court of the nationality of the litigant should abstain; thus a state with no judge of its nationality on the Court would not be at a disadvantage.

scholarly journals Uncertainty and international adjudication

2018 ◽  
Vol 32 (01) ◽  
pp. 131-148 ◽  
Author(s):  
Arthur Dyevre
Keyword(s):  
Dispute Settlement ◽  
The State ◽  
State Party ◽  
International Courts ◽  
Court Of Justice ◽  
Strategic Model ◽  
European Court ◽  
International Dispute ◽  
International Adjudication ◽  
Undesirable Outcome

AbstractIn deciding whether to rule against a state party, international courts regularly confront a compliance dilemma: declare the state in breach of the international regime but with the risk that it will defy the court’s authority; or defer to the state but at the price of acquiescing to an unjust or undesirable outcome. Specifically, international adjudicators must solve this dilemma in a context of uncertainty, that is, without knowing with exactitude whether or not the state will prefer complying with an adverse ruling over overt defiance. I use a simple strategic model to cast light on this aspect of the compliance dilemma. Building off from the model’s insights, I then discuss the practices, doctrinal tactics and institutional mechanisms apt to reduce uncertainty and minimize state defiance. I highlight, in particular, the advantages of defiance avoidance mechanisms that help create informational feedback loops like test-the-water dicta and double-tier review. I illustrate how these mechanisms have been deployed by two of the world’s most powerful international courts, the European Court of Justice and the European Court of Human Rights. Finally, I consider the limitations of these mechanisms along with the possibility for other international dispute settlement bodies to replicate them.

Part III Security Governance Tools, Ch.44 Responsibility to Protect and Humanitarian Intervention: From Apology to Utopia and Back Again

2021 ◽  
Author(s):  
Chesterman Simon
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Humanitarian Intervention ◽  
Legal Framework ◽  
United Nations Security Council ◽  
Responsibility To Protect ◽  
Successful Operation ◽  
Humanitarian Crisis ◽  
Security Governance ◽  
Governance Tools

This chapter explores the responsibility to protect (R2P) and its relationship to humanitarian intervention—the notion that unilateral force can be used to protect human rights in another State. In the event that prevention and peaceful means fail, R2P does allow for action by the United Nations Security Council (UNSC) under existing rules. But it neatly dodges the more difficult question of what rules should govern a humanitarian crisis when both the State in question and the UNSC are unwilling or unable to act. The chapter examines the legal framework of humanitarian intervention and how R2P came to be adopted and endorsed by United Nations Member States in general and the UNSC in particular. It highlights the present challenges faced by R2P, evident in the partially successful operation in Libya and the dismally ineffective response to the ongoing crisis in Syria. Finally, the chapter offers some tentative projections about the future, in which the language of R2P appears likely to continue to spread, but weariness of intervention on the part of Western States and the rise of Asian States defending a conservative notion of sovereignty will dampen the conversion of words to action.

Reconsidering Genocidal Intent in the Interest of Prevention

2013 ◽  
Vol 5 (2) ◽  
pp. 129-153
Author(s):  
Ekkehard Strauss
Keyword(s):  
Risk Factors ◽  
Political Will ◽  
International Courts ◽  
Scarce Resources ◽  
National Courts ◽  
Early Action ◽  
History Of ◽  
Genocidal Intent ◽  
Early Establishment ◽  
Over Time

Early establishment of evidence for genocidal intent would allow responses in the context of R2P, targeted specifically at the prevention of genocide and focus scarce resources and limited political will. This article is an attempt to develop an interpretation of genocidal intent that supports the application of the obligation to prevent genocide in future situations. Past examples, including the situations in Rwanda and Darfur, demonstrated that the interpretation of genocidal intent has important implications for the application of the obligation to prevent genocide under the Convention. While some of the challenges can be traced back to the drafting history of the Convention, a review of the Travaux Preparatoire reveals very limited cross-references between the discussions on intent and considerations of the obligation to prevent genocide. Since the drafting of the Convention there have been significant developments in the interpretation and application of genocidal intent by national and international courts, and in the development of methodology and institutions for early-warning and early action to respond to situations at risk of genocide. International and national courts would have to acknowledge their role in assisting national and international entities in implementing the obligation to prevent and punish genocide by opting for a ‘prevention-friendly’ interpretation and ensuring punishment as early as possible during unfolding events of genocide through the application of genocidal intent. The interpretation of intent must be opened to subsume relevant precursors of genocide into the definitions of article II and III of the Convention. The interpretation of intent has to evolve over time to link well-established risk factors with the acts of genocide spelled out in the Convention.

Classical Conceptions of Visuality and Representation in John of Damascus' Defense of Holy Images1

2020 ◽  
Vol 4 (3) ◽  
pp. 284-308
Author(s):  
James A. Francis
Keyword(s):  
Violent Conflict ◽  
Christian Theology ◽  
Late Antique ◽  
Second Sophistic ◽  
Word And Image ◽  
John Of Damascus ◽  
History Of ◽  
Classical Culture ◽  
Common Era ◽  
Iconoclastic Controversy

The Defense of Holy Images by John of Damascus stands as the archetypal exposition of the Christian theology of images. Written at the outbreak of the Iconoclastic Controversy, it has been mostly valued for its theological content and given scholarly short shrift as a narrowly focused polemic. The work is more than that. It presents a complex and profound explication of the nature of images and the phenomenon of representation, and is an important part of the “history of looking”in western culture. A long chain of visual conceptions connects classical Greek and Roman writers, such as Homer and Quintilian, to John: the living image, the interrelation of word and image, and image and memory, themes elaborated particularly in the Second Sophistic period of the early Common Era. For John to deploy this heritage so skillfully to the thorny problem of the place of images in Christianity, at the outbreak of a violent conflict that lasted a further 100 years after his writing, manifests an intellect and creativity that has not been sufficiently appreciated. The Defense of Holy Images, understood in this context, is another innovative synthesis of Christianity and classical culture produced by late antique Christian writers.

The Path of Standard Albanian Language Formation

2018 ◽  
Vol 5 (2) ◽  
pp. 106-115
Author(s):  
Sindorela Doli Kryeziu
Keyword(s):  
Single Unit ◽  
Cultural Factors ◽  
Language History ◽  
Whole Process ◽  
History Of ◽  
Social And Cultural Factors ◽  
Cultural Body ◽  
Over Time ◽  
Language Literature

Abstract In our paper we will talk about the whole process of standardization of the Albanian language, where it has gone through a long historical route, for almost a century.When talking about standard Albanian language history and according to Albanian language literature, it is often thought that the Albanian language was standardized in the Albanian Language Orthography Congress, held in Tirana in 1972, or after the publication of the Orthographic Rules (which was a project at that time) of 1967 and the decisions of the Linguistic Conference, a conference of great importance that took place in Pristina, in 1968. All of these have influenced chronologically during a very difficult historical journey, until the standardization of the Albanian language.Considering a slightly wider and more complex view than what is often presented in Albanian language literature, we will try to describe the path (history) of the standard Albanian formation under the influence of many historical, political, social and cultural factors that are known in the history of the Albanian people. These factors have contributed to the formation of a common state, which would have, over time, a common standard language.It is fair to think that "all activity in the development of writing and the Albanian language, in the field of standardization and linguistic planning, should be seen as a single unit of Albanian culture, of course with frequent manifestations of specific polycentric organization, either because of divisions within the cultural body itself, or because of the external imposition"(Rexhep Ismajli," In Language and for Language ", Dukagjini, Peja, 1998, pp. 15-18.)

Transocean and the History of Tax Inversions

2018 ◽  
Vol 34 (1) ◽  
pp. 1-12
Author(s):  
Susan M. Albring ◽  
Randal J. Elder ◽  
Mitchell A. Franklin
Keyword(s):  
Multinational Corporations ◽  
Economic Impacts ◽  
Income Taxes ◽  
Tax Rates ◽  
Corporate Tax ◽  
Corporate Income Taxes ◽  
History Of ◽  
Jobs Act ◽  
The U.S ◽  
Over Time

ABSTRACT The first tax inversion in 1983 was followed by small waves of subsequent inversion activity, including two inversions completed by Transocean. Significant media and political attention focused on transactions made by U.S. multinational corporations that were primarily designed to reduce U.S. corporate income taxes. As a result, the U.S. government took several actions to limit inversion activity. The Tax Cuts and Jobs Act of 2017 (TCJA) significantly lowered U.S. corporate tax rates and one expected impact of TCJA is a reduction of inversion activity. Students use the Transocean inversions to understand the reasons why companies complete a tax inversion and how the U.S. tax code affects inversion activity. Students also learn about the structure of inversion transactions and how they have changed over time as the U.S. government attempted to limit them. Students also assess the tax and economic impacts of inversion transactions to evaluate tax policy.

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