A Typology of International Judicial Practices

2018 ◽  
Author(s):  
Jeffrey L Dunoff ◽  
Mark A Pollack
Keyword(s):  
International Law ◽  
Practice Theory ◽  
Third Parties ◽  
International Courts ◽  
Everyday Practices ◽  
The Everyday ◽  
Judicial Opinions

This chapter discusses the inner working of ICs, such as the drafting of judicial opinions; practices concerning separate opinions; the role of language and translation; and the roles of third parties. It also presents a preliminary effort to identify and examine the everyday practices of international judges. In undertaking this task, the authors draw selectively upon a large literature on ‘practice theory’ that has only rarely been applied to international law in general or to international courts in particular. A typology and synoptic overview of practices is presented.

scholarly journals Moral discourses and pharmaceuticalised governance in households

2020 ◽  
Author(s):  
Kevin Dew ◽  
P Norris ◽  
J Gabe ◽  
K Chamberlain ◽  
D Hodgetts
Keyword(s):  
Social Relationships ◽  
Roles And Responsibilities ◽  
Natural Production ◽  
Everyday Practices ◽  
The Social ◽  
The Everyday ◽  
The Individual ◽  
Moral Discourses ◽  
Health Experts

© 2014 Elsevier Ltd. This article extends our understanding of the everyday practices of pharmaceuticalisation through an examination of moral concerns over medication practices in the household. Moral concerns of responsibility and discipline in relation to pharmaceutical consumption have been identified, such as passive or active medication practices, and adherence to orthodox or unorthodox accounts. This paper further delineates dimensions of the moral evaluations of pharmaceuticals. In 2010 and 2011 data were collected from 55 households across New Zealand and data collection techniques, such as photo- and diary-elicitation interviews, allowed the participants to develop and articulate reflective stories of the moral meaning of pharmaceuticals. Four repertoires were identified: a disordering society repertoire where pharmaceuticals evoke a society in an unnatural state; a disordering self repertoire where pharmaceuticals signify a moral failing of the individual; a disordering substances repertoire where pharmaceuticals signify a threat to one's physical or mental equilibrium; a re-ordering substances repertoire where pharmaceuticals signify the restoration of function. The research demonstrated that the dichotomies of orthodox/unorthodox and compliance/resistance do not adequately capture how medications are used and understood in everyday practice. Attitudes change according to why pharmaceuticals are taken and who is taking them, their impacts on social relationships, and different views on the social or natural production of disease, the power of the pharmaceutical industry, and the role of health experts. Pharmaceuticals are tied to our identity, what we want to show of ourselves, and what sort of world we see ourselves living in. The ordering and disordering understandings of pharmaceuticals intersect with forms of pharmaceuticalised governance, where conduct is governed through pharmaceutical routines, and where self-responsibility entails following the prescription of other agents. Pharmaceuticals symbolise forms of governance with different sets of roles and responsibilities.

scholarly journals International Courts and Tribunals – the New Environmental Sentinels in International Law

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

Equity in Arbitration and in Judicial Settlement of Disputes

1993 ◽  
Vol 6 (2) ◽  
pp. 323-329 ◽  
Author(s):  
Judge Manfred Lachs
Keyword(s):  
International Law ◽  
General Assembly ◽  
Type I ◽  
International Courts ◽  
The Past ◽  
Un General Assembly ◽  
Similarities And Differences ◽  
Settlement Of Disputes ◽  
Recommended Action

Much has been written on the similarities and differences between arbitration tribunals and international courts; much more could and will certainly be written in the future. The purpose of my comments is to define similarities and differences in regard to the role of equity in both. However, I hope to enter the caveat at the very outset that in this paper I will focus solely on the role of equity in cases where the decision is to be based on international law. Accordingly, I will not here discuss cases of the type I had in mind when I pointed out in a speech delivered 34 years ago to the Legal Committee of the UN General Assembly that “[t]he arbitral solution has been applied in the past to a variety of problems, some of which were not judicial in character and did not raise issues of law”. Nor will I now discuss arbitrations in which the parties have agreed that the arbitrators need not be guided by law, or where the arbitral tribunal is expressly authorized by the parties to decide ex aequo et bono and thereby to settle the matter in a liberal spirit without regard to legal requirements and technicalities. Thus, cases in which the arbitrators have been empowered to seek mutual accommodations that would give offense to neither party are outside the scope of this discussion, as are cases where arbitrators recommended action by one of the parties as an act of grace.

Domestic Courts as Agents of Development of International Immunity Rules

2013 ◽  
Vol 26 (3) ◽  
pp. 559-578 ◽  
Author(s):  
ROSANNE VAN ALEBEEK
Keyword(s):  
International Law ◽  
Court Decisions ◽  
Domestic Court ◽  
International Courts ◽  
International Court ◽  
Domestic Courts ◽  
To Come

AbstractThis paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to international-court decisions) in that process results in a different role, and concomitant different rules, in the process of interpretation of rules of international law. The paper argues that while domestic courts are as a matter of international law bound by the same rules of interpretation as international courts, they are particularly well placed to address access to court concerns raised by immunity rules and may play a prominent role in the development of international law in this field in the years to come.

scholarly journals Moral discourses and pharmaceuticalised governance in households

2020 ◽  
Author(s):  
Kevin Dew ◽  
P Norris ◽  
J Gabe ◽  
K Chamberlain ◽  
D Hodgetts
Keyword(s):  
Social Relationships ◽  
Roles And Responsibilities ◽  
Natural Production ◽  
Everyday Practices ◽  
The Social ◽  
The Everyday ◽  
The Individual ◽  
Moral Discourses ◽  
Health Experts

© 2014 Elsevier Ltd. This article extends our understanding of the everyday practices of pharmaceuticalisation through an examination of moral concerns over medication practices in the household. Moral concerns of responsibility and discipline in relation to pharmaceutical consumption have been identified, such as passive or active medication practices, and adherence to orthodox or unorthodox accounts. This paper further delineates dimensions of the moral evaluations of pharmaceuticals. In 2010 and 2011 data were collected from 55 households across New Zealand and data collection techniques, such as photo- and diary-elicitation interviews, allowed the participants to develop and articulate reflective stories of the moral meaning of pharmaceuticals. Four repertoires were identified: a disordering society repertoire where pharmaceuticals evoke a society in an unnatural state; a disordering self repertoire where pharmaceuticals signify a moral failing of the individual; a disordering substances repertoire where pharmaceuticals signify a threat to one's physical or mental equilibrium; a re-ordering substances repertoire where pharmaceuticals signify the restoration of function. The research demonstrated that the dichotomies of orthodox/unorthodox and compliance/resistance do not adequately capture how medications are used and understood in everyday practice. Attitudes change according to why pharmaceuticals are taken and who is taking them, their impacts on social relationships, and different views on the social or natural production of disease, the power of the pharmaceutical industry, and the role of health experts. Pharmaceuticals are tied to our identity, what we want to show of ourselves, and what sort of world we see ourselves living in. The ordering and disordering understandings of pharmaceuticals intersect with forms of pharmaceuticalised governance, where conduct is governed through pharmaceutical routines, and where self-responsibility entails following the prescription of other agents. Pharmaceuticals symbolise forms of governance with different sets of roles and responsibilities.

International Criminal Jurisdiction

2019 ◽  
pp. 503-528
Author(s):  
Kirsten Schmalenbach
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
International Courts ◽  
Criminal Jurisdiction ◽  
National Jurisdiction ◽  
State Consent ◽  
Theoretical Foundations

This chapter examines the theoretical foundations and the genealogy of international criminal jurisdiction in international law. While it is clear that international criminal jurisdiction cuts into national jurisdiction to a certain extent, the question concerning the proper foundation of international criminal jurisdiction—whether it rests on state consent or a mandate by the international community—remains more nuanced and more debated. The chapter also explores judicial perspectives on the jurisdiction of international courts and tribunals. It argues that, where the Security Council has been involved in establishing a court or tribunal, jurisprudence supports the position that international criminal jurisdiction is exercised on behalf of the international community. In the case of the International Criminal Court (ICC), however, the picture becomes more complex, due to the role of domestic criminal jurisdiction and the difficulty in identifying a single international community.

Introduction

2020 ◽  
pp. 1-16
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Governance ◽  
Standard Setting ◽  
Third Parties ◽  
International Organization ◽  
Competitive Environment

This introductory chapter highlights why pluralist accountability is an important empirical phenomenon in global governance that needs to be studied systematically. It demonstrates the limits of the existing literature on international organization (IO) accountability, which has focused on traditional, vertical accountability, whereby the implementing actors are held accountable directly by the mandating authority. The chapter introduces the concept of pluralist accountability as standard setting, monitoring, and sanctioning by independent third parties. It presents the argument that a competitive environment that stimulates third parties to act as accountability holders and the vulnerability of implementing actors regarding human rights demands shape the evolution of pluralist accountability. The chapter then outlines the implications of the book’s analysis for current International Relations and international law scholarship on IOs, in particular with regard to complex delegation, the role of nonstate actors and the study of IO legitimacy. It also contains an overview of the subsequent chapters.

Understanding Romanians’ cross-border mobility in Europe: movers, stayers and returnees

2019 ◽  
pp. 195-224
Author(s):  
Roxana Barbulescu ◽  
Irina Ciornei ◽  
Albert Varela
Keyword(s):  
Mixed Methods ◽  
Economic Resources ◽  
International Mobility ◽  
Short Term ◽  
Cross Border ◽  
Personal Significance ◽  
Everyday Practices ◽  
The Everyday

This chapter investigates the everyday practices of cross-border mobility of Romanian citizens in the light of the concept of ‘space-set’ (Recchi 2013 and 2015). Using mixed methods, we distinguish between stayers, movers and returnees and examine the role of frequency, reason for travel, destinations and personal significance. Findings show that Romanians’ long-term mobility, motivated especially by work, is amplified by more short-term mobility in the form of holidays, trips or visits to friends and families abroad. However, not all benefit from the rise in international mobility: two thirds of the stayers did not cross the border in the past two years. This finding suggests that first, mobile Romanians are pioneers of everyday European integration (Recchi and Favell 2009) and, second, long-term mobility has a ‘sticky’ nature and predicts short-term mobility irrespective of individual socio-economic resources. These insights counter stereotypes of Romanians, and also question what we call the ‘migratisation of mobilities’ where all forms of mobility are assimilated to a migration paradigm.

Religion and Displacement in Africa

2014 ◽  
Vol 21 (3-4) ◽  
pp. 290-308 ◽  
Author(s):  
Karen Lauterbach
Keyword(s):  
Social Relationships ◽  
Analytical Approach ◽  
Church Leaders ◽  
Gift Giving ◽  
Everyday Practices ◽  
The Everyday ◽  
Role Of Religion ◽  
Christian Congregations

This article is about the role of religion in contexts of displacement. The article looks at the role churches and church leaders play in the lives of refugees and more particularly the assistance that these actors provide. The analytical approach is to take into consideration both religious ideas and experiences as well as the everyday practices of people and the socio-economic structures within which they live. The empirical focus is on Congolese Christian congregations in Kampala, Uganda that for the most are founded and attended by refugees. I analyse the forms of assistance that are provided to refugees, how this is conceptualised as well as the practices in a perspective that includes the intersection between religious ideas (compassion and sacrifice) and ideas around social relationships, gift-giving and reciprocity.

Sign in / Sign up

Export Citation Format

Share Document