Measuring judicial independence in international law

2017 ◽  
Vol 24 (4) ◽  
pp. 531-551
Author(s):  
Georgios Dimitropoulos
Keyword(s):  
International Law ◽  
Judicial Independence ◽  
Subjective Perception ◽  
International Level ◽  
Psychological Approach ◽  
The Public ◽  
Competing Interests ◽  
International Adjudication ◽  
Measurement And Evaluation ◽  
The Individual

This article searches for paths, frameworks and modules for the measurement and evaluation of judicial independence in international law. First, it discusses the measurability of the concept. Judicial independence, both as such and especially at the international level, is very difficult to measure, given the ambivalence of some proxies and variables that have been used in empirical research in order to measure it, and given the competing interests and actors in international adjudication: independence does not stand alone as the only value that needs to be protected in international adjudication. Second, the article presents methodologies for the evaluation of international judicial independence. The three competing methodologies are (i) the subjective, which looks at the subjective perception of the judges themselves or the public; (ii) the output-based, which looks at the decisions of the courts and tribunals; and (iii) the institutional, which looks at the personal independence guarantees of the judge, and the organizational safeguards of independence. Finally, this article presents its preferred model for the measurement of international judicial independence. The study takes an institutional-psychological approach that focuses on the judge and the individual institutions.

Part I The International Law of Tainted Money, 6 International Legal Sources V—the UN Security Council Delisting Procedure

2017 ◽  
Author(s):  
Grant Tom
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
National Level ◽  
Procedural Fairness ◽  
Individual Rights ◽  
International Level ◽  
Un Security Council ◽  
The Individual

This chapter considers a particular aspect of the UN Security Council sanctions regime: the procedure for removing individuals or entities from the Sanctions List. The novelty of the delisting procedure justifies considering it in some detail. The delisting procedure is the main response at the international level to the human rights question raised by the Security Council sanctions regime. Because certain consequences for an individual follow at the national level from the fact of the individual having been listed, a procedure that goes to the listing itself holds particular interest for those to whom the regime might apply. The chapter concludes that the delisting procedure will continue to evolve as the Security Council grapples with procedural fairness and individual rights with which it has not historically had much to do.

Conflicts of Interest in Sport: A Comparative Analysis of International and European Remedies

2020 ◽  
Vol 7 (2) ◽  
pp. 201-224
Author(s):  
Antonio Di Marco
Keyword(s):  
Comparative Analysis ◽  
Conflicts Of Interest ◽  
Social Function ◽  
International Level ◽  
Private Governance ◽  
Public And Private ◽  
The Public ◽  
Pyramid Structure ◽  
Governance Practices ◽  
The Individual

This research studies the management of conflicts of interest in sporting context, trough a comparative analysis of the current wave of reforms at national and international level. It suggests that the notion of conflict of interests in sport is wholly specific and it requires particular remedies, illustrating potential convergences with the public and private governance practices. Firstly, the paper identifies the endemic conflicts of interest due to the specific pyramid structure of sports movement, and the individual conflicts of interest that could occur in sporting organisations. Secondly, it detects the solution foreseen by the European authorities and the recent reforms concerning the sporting organizations adopted at national and international level. The study shows the elements that characterize conflicts of interest in sporting context, identifying convergences, limits, and the specific solutions suggested by the ethical and social function of sport.

scholarly journals Trend of strengthening clearance regulation in Japan and concerns about its worldwide effects on regulations for natural and artificial radionuclides

2020 ◽  
Vol 49 (1_suppl) ◽  
pp. 98-112
Author(s):  
T. Hattori
Keyword(s):  
Probabilistic Approach ◽  
Scientific Basis ◽  
Atomic Energy ◽  
Radiological Protection ◽  
International Level ◽  
Energy Agency ◽  
The Public ◽  
Safety Report ◽  
Natural And Artificial Radionuclides ◽  
Measurement And Evaluation

The Nuclear Regulation Authority (NRA) of Japan invited comments from the public on a revised guide on measurement and evaluation for clearance in 2019, which included a strict decision on how to treat uncertainties in the measurement and the nuclide vector. To resolve the issue on the uncertainty in clearance, a probabilistic approach had been established previously in the Atomic Energy Society of Japan Standard and incorporated into International Atomic Energy Agency (IAEA) Safety Report No. 67. NRA’s new decision on the uncertainty in clearance was up to 10 times stricter than the probabilistic approach. This issue has been discussed at an international level in the framework of the ongoing revision of IAEA Safety Guide RS-G-1.7. This discussion on the uncertainty in clearance has raised serious concerns about its effects on other radiological protection regulations worldwide. This is because if we need strict treatment for the uncertainty in clearance, the same or even stricter treatment for conformity assessment may have to be applied to other radiological protection criteria for doses exceeding 10 µSv year−1. Radiological protection experts including regulators, professionals, and operators should be aware of the essential meaning of the radiological protection criteria by considering the background scientific basis on which they were established.

A Permanent Court of International Justice

2003 ◽  
Vol 72 (3) ◽  
pp. 399-418
Author(s):  
Ole Spiermann
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Justice ◽  
International Level ◽  
Active Life ◽  
Court Of Justice ◽  
International Adjudication

AbstractThe Permanent Court of International Justice was the first significant court of justice at the international level. Its active life spanned over two decades and yielded an international judiciary while exploring the merits of international adjudication and international law when put into practice. It was partly due to the legacy of the Permanent Court that the second half of the twentieth century witnessed several other successful projects of international justice. At the same time, the decisions of the Permanent Court indicated some of the pertinent problems of international adjudication, notably the omnipresent risk of judges being influenced by national tendencies and traditions with parochial views of international law in result.

scholarly journals The Constitutionalization of International Law After Liberalism

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 5-27
Author(s):  
Piotr Uhma
Keyword(s):  
International Law ◽  
Public Space ◽  
The United States ◽  
The State ◽  
International Level ◽  
Liberal Internationalism ◽  
The Public ◽  
Modest Contribution ◽  
The People ◽  
The Usa

Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.

Beyond Dispute: International Judicial Institutions as Lawmakers

2011 ◽  
Vol 12 (5) ◽  
pp. 979-1003 ◽  
Author(s):  
Armin von Bogdandy ◽  
Ingo Venzke
Keyword(s):  
International Law ◽  
International Courts ◽  
International Legal Order ◽  
Normative Expectations ◽  
Legal Structures ◽  
International Adjudication ◽  
The Individual ◽  
And Shifts ◽  
Legal Normativity

The increasing number of international judicial institutions, producing an ever-growing stream of decisions, has been one of the dominant features of the international legal order of the past two decades. The shift in quantity has gone hand in hand with a transformation in quality. Today, it is no longer convincing to only think of international courts in their role of settling disputes. While this function is as relevant as ever, many international judicial institutions have developed a further role in what is often called global governance. Their decisions have effects beyond individual disputes. They exceed the confines of concrete cases and bear on the general legal structures. The practice of international adjudication creates and shifts actors' normative expectations and as such develops legal normativity. Many actors use international judicial decisions in similar ways as they do formal sources of international law. To us, this role of international adjudication beyond the individual dispute is beyond dispute.

Petrus Johann du Toit, 1888-1967

1969 ◽  
Vol 15 ◽  
pp. 247-266
Keyword(s):  
South Africa ◽  
Scientific Development ◽  
International Level ◽  
Boer War ◽  
The Public ◽  
History Of ◽  
Changing Patterns ◽  
The Republic ◽  
European Colonialism ◽  
The Individual

The life and work of Dr P. J. du Toit spanned a significant period in the history of South Africa. During his lifetime there were two World Wars, as well as the Anglo-Boer War of 1899-1902; in 1910 the two recently independent republics of the Transvaal and the Orange Free State were united with the colonies of the Gape of Good Hope and Natal in the Union of South Africa which, in 1961, became the Republic of South Africa. The last ten years of his life, from 1957 to 1967, saw the virtual disappearance of European colonialism which had dominated the African scene for more than two centuries. The life of P. J. du Toit—the individual, the scientist and the public figure—is inextricably bound up with the rapidly changing patterns of social, political and scientific development brought about by these momentous events and his contribution, at both the national and the international level, must be seen against the background of these happenings.

scholarly journals Social Responsibility for Health during COVID-19 Pandemic

2021 ◽  
Vol 4 (1) ◽  
pp. 48-55
Author(s):  
Dhana Ratna Shakya ◽  
Ravi Ram Shrestha ◽  
Sarun Koirala ◽  
Santosh Upadhyaya Kafle ◽  
Prasanna Subedi ◽  
...  
Keyword(s):  
Developing Nations ◽  
Health Science ◽  
Science Students ◽  
International Level ◽  
The Public ◽  
Health Science Students ◽  
Health Demands ◽  
The Individual ◽  
Rehabilitative Services ◽  
Rich Countries

Health is a fundamental right for which concerned sides should bear the responsibility at the individual, societal, state, and international level. Not only curative but preventive, promotive, and rehabilitative services should also be availed in accessible, affordable, and acceptable form. The quest for health becomes more intense during adverse periods like a pandemic. The whole world has witnessed the COVID-19 pandemic, the unprecedented pandemic of this century. This quest is more dismal in developing nations like Nepal when even resource-rich countries are laid down by it. The quest of health demands, hence more during this pandemic, for the bearing of the responsibility by all. Here, we have made an attempt to draw together the general and some specific responsibilities of various direct stakeholders in this pandemic with multifaceted mayhem. We have incorporated here, the responsibilities of the public, COVID and non-COVID patients, media personnel, health science students, professionals, institutions, state, and media to ensure or safeguard the health of self and others in this pandemic.

scholarly journals Community Interest and the International Public Legal Order

2021 ◽  
Author(s):  
Sarah Thin
Keyword(s):  
International Law ◽  
Legal System ◽  
Future Development ◽  
Legal Order ◽  
Public Authority ◽  
International Level ◽  
The Public ◽  
Community Interest ◽  
International Legal Order ◽  
International Legal System

AbstractTraditional ideas about the private nature of the international legal order are increasingly being forced to contend with the development of public legal elements at the international level. The notion of the international community interest is key to understanding these developments and, as such, has transformed our understanding of international law. There are many different approaches to the public/private distinction in law, broadly categorised into relational, public authority, and interest-based approaches. These can be reduced to four key elements of publicness: the existence of a community or public; the universality of the public regime in question with its own boundaries; normative and institutional hierarchies; the objectivity of obligation and responsibility. The development of the community interest and related norms of international law can be seen to have introduced and strengthened all of these elements of publicness within the international legal system. It is thus on its way to becoming an international public legal order. This has important implications for our understanding of international law and the future development of the international legal order.

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