scholarly journals The Role of International Courts as Interpreters and Developers of the Law: Working Out the Jurisgenerative Practice of Interpretation

2011 ◽  
Author(s):  
Ingo Venzke
Keyword(s):  
International Courts ◽  
The Law ◽  
Working Out

Reflections on the Concept of Proportionality in the Law of Maritime Delimitation

2001 ◽  
Vol 16 (3) ◽  
pp. 433-463 ◽  
Author(s):  
Tanaka Yoshifumi
Keyword(s):  
Case Law ◽  
International Courts ◽  
State Practice ◽  
The Law

AbstractThe concept of proportionality is one of the important relevant circumstances in maritime delimitation. In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals. However, such an enlarged role of proportionality is not free from problems. Thus, this paper purports to examine the concept of proportionality in maritime delimitation from a critical viewpoint by analysing relevant judgments and state practice.

The Application of Teachings by the International Tribunal for the Law of the Sea

2020 ◽  
Vol 11 (1) ◽  
pp. 20-46
Author(s):  
Sondre Torp Helmersen
Keyword(s):  
Law Of The Sea ◽  
International Tribunal ◽  
International Courts ◽  
Low Weight ◽  
General Weight ◽  
The Law

Abstract Scholars have examined the role of ‘teachings’ (or ‘literature’, ‘doctrine’ or ‘scholarship’) in various international courts and tribunals, but never the International Tribunal for the Law of the Sea (ITLOS). This article analyses the general weight ITLOS judges assign to teachings, how the judges distinguish between more and less significant teachings, and how and why different judges use teachings differently. ITLOS judges generally seem to assign teachings low weight, albeit with some exceptions. Some teachings are seen as more important, on the basis of their quality and on the fact that multiple writers agree. Judges treat teachings somewhat differently, with Judge Laing being a significant outlier, responsible for roughly half of all citations.

scholarly journals The Theory and Practice of Precedent in International Adjudication: A View from Ukraine

2021 ◽  
Vol 4 (4) ◽  
pp. 48-61
Keyword(s):  
Theory And Practice ◽  
International Courts ◽  
Legal Provisions ◽  
European Court ◽  
International Court ◽  
The Law ◽  
International Adjudication ◽  
Legal Pragmatism ◽  
Legal Force

This article argues that legal pragmatism and realism are the methodological basis for considering the law-making function of international courts. Classical scientific approaches, the representatives of which view courts only as applicators of the law, do not allow research into the nature and role of international adjudicative bodies. Since there are several positions on the nature, content, and legal force of the precedent decisions of international adjudicative bodies (the are both diametrically opposed and, to some extent, similar), the author takes a position that considers the characteristics of modern international relations. The author proposes to classify international judicial precedents by considering the construction of judicial institutions and the legal force of decisions because these criteria reflect the nature and significance of such decisions. The classification divides precedents into vertical and horizontal (persuasive). The author argues that vertical precedent set by a particular body of international justice can be absolute, i.e., a structurally lower judicial body can, under no circumstances and exceptions, make a decision without taking into account the legal conclusions made by the higher judicial body. Vertical international judicial precedent may also be relative, i.e., in certain circumstances, a higher judicial body may make a different decision in a similar case, which suggests no obligation to be bound by its own previous decisions. Analysis of the decisions of many international courts has led to the conclusion that international courts create judicial precedents of persuasive content. In particular, the author uses decisions of the European Court of Human Rights (ECtHR) that contain citations of the Court’s own legal positions and the International Court of Justice’s legal positions. It is proved that the so-called horizontal precedent is a persuasive precedent, the content of the legal provisions of which is based on the authority of the cited international court’s decisions. Thus, international judicial precedent not only exists but must be recognised legally because only the formal enshrinement of the legal force of such decisions will lead to the recognition of judicial precedent as a formal source of international law.

Development of Social and Economic Forecasting and Ideas of A. Anchishkin

2013 ◽  
pp. 143-155
Author(s):  
A. Klepach ◽  
G. Kuranov
Keyword(s):  
Economic Planning ◽  
Special Role ◽  
Economic Management ◽  
Economic Forecasting ◽  
Russian Economy ◽  
World Economic ◽  
Long Term Forecasting ◽  
Working Out

The role of the prominent Soviet economist, academician A. Anchishkin (1933—1987), whose 80th birth anniversary we celebrate this year, in the development of ideas and formation of economic forecasting in the country at the time when the directive planning acted as a leading tool of economic management is explored in the article. Besides, Anchishkin’s special role is noted in developing a comprehensive program of scientific and technical progress, an information basis for working out long-term forecasts of the country’s development, moreover, his contribution to the creation of long-term forecasting methodology and improvement of the statistical basis for economic analysis and economic planning. The authors show that social and economic forecasting in the period after 1991, which has undertaken a number of functions of economic planning, has largely relied on further development of Anchishkin’s ideas, at the same time responding to new challenges for the Russian economy development during its entry into the world economic system.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Neoliberalism, Law and its Discontents: Three Recent Interventions

2020 ◽  
Vol 23 (2) ◽  
Author(s):  
Ravi Malhotra
Keyword(s):  
New York ◽  
Princeton University ◽  
The Law

Honor Brabazon, ed. Neoliberal Legality: Understanding the Role of law in the neoliberal project (New York: Routledge, 2017). 214pp. Paperback.$49.95 Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality (Princeton: Princeton University Press, 2019). 297 pp. Hardcover.$29.95 Astra Taylor. Democracy May Not Exist, but We'll Miss It When It's Gone (New York: Metropolitan Books--Macmillan, 2019). Hardcover$27.00

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