The Genesis of International Justice

2021 ◽  
Vol 2 ◽  
pp. 13-19
Author(s):  
K. L. Chayka ◽  
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal Theory ◽  
International Justice ◽  
Modern Concept ◽  
The European Union ◽  
International Courts ◽  
Eurasian Economic Union ◽  
Court Of Justice ◽  
Economic Union

The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.

INTEGRATION AND NATIONAL JUSTICE IN THE EURASIAN ECONOMIC UNION

2017 ◽  
pp. 0-0
Author(s):  
Александр Федорцов ◽  
Aleksandr Fedortsov
Keyword(s):  
European Union ◽  
Recent Time ◽  
Judicial System ◽  
The European Union ◽  
International Courts ◽  
National Courts ◽  
Eurasian Economic Union ◽  
Economic Union

Integration processes in Eurasia in recent time are developing rapidly, cooperation between countries is becoming more closer, including in the framework of the Eurasian Economic Union. In the article the author discloses the various aspects of the activities of the Court of the Eurasian Economic Union. Due to the fact that the Eurasian Economic Union (EEU) is only two years old, and a practice of it is not very extensive. And in this context the author draws the analogy with various international courts, including the Court of the European Union, the issues of the functioning — can the existing expertise be applied in the Eurasian Economic Union or not? The author makes a conclusion that currently there is a duality of dimensions of justice in the national courts and international judicial organ in the frame of the judicial system of the EEU, and such duality must be overcome to implement the Union’s common justice.

Part II Historical and Legal Sources, Ch.8 General Principles and Constitutions as Sources of Human Rights Law

2013 ◽  
Author(s):  
O’Boyle Michael ◽  
Lafferty Michelle
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Human Rights Law ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
General Principles Of Law ◽  
Human Rights Standards

This article examines influence of general principles of law and constitutions in the formulation of human rights standards and in their interpretation and application by international courts, particularly the Universal Declaration of Human Rights (UDHR). It describes and compares the application and interpretation of human rights by the International Court of Justice (ICJ), the European and Inter-American Courts of Human Rights, and the Court of Justice of the European Union (CJEU). This article also highlights the fact that majority of human rights instruments and provisions subsequently adopted at the national and international levels have built upon the guarantees elaborated by the UDHR.

The Court of the Eurasian Economic Union: An Adequate Body for Facilitating Eurasian Integration?

2016 ◽  
Vol 41 (3-4) ◽  
pp. 342-367 ◽  
Author(s):  
Zhenis Kembayev
Keyword(s):  
Rule Of Law ◽  
The European Union ◽  
Political Will ◽  
Community Court ◽  
The Rule Of Law ◽  
Eurasian Economic Union ◽  
Court Of Justice ◽  
First Case ◽  
Independent States ◽  
Economic Union

This article examines the structure and competences of the Court of the Eurasian Economic Union (eaeu Court). In doing so, it provides a comparative analysis of the eaeu Court with other judicial bodies created in the post-Soviet area, the Economic Court of the Commonwealth of Independent States and the Court of the Eurasian Economic Community (Community Court), as well as in some respects with the Court of Justice of the European Union (cjeu). Summarizing major problems of the eaeu Court and setting out the Court’s first case, the article argues that the rules governing the activities of the eaeu Court represent a significant setback against the progress achieved previously by the Community Court. This setback reflects the lack of political will of the eaeu members to transform the eaeu Court into an effective judicial body similar to the cjeu and their insufficient commitment to the rule of law.

The early case law of the Eurasian Economic Union Court

2018 ◽  
Vol 25 (3) ◽  
pp. 266-287
Author(s):  
Kirill Entin ◽  
Benedikt Pirker
Keyword(s):  
International Law ◽  
Case Law ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Eurasian Economic Union ◽  
Legal Remedies ◽  
Court Of Justice ◽  
Early Case ◽  
Economic Union

This article examines the first years of the Eurasian Economic Union (EAEU) through the prism of the Eurasian Economic Union Court’s jurisprudence and draws parallels with the case law of the Court of Justice of the European Union. The EAEU Court has taken first steps in establishing an autonomous legal order, but also in linking it with international law. It has interpreted the relevant law to create a system of legal remedies and started in the interpretive construction of a common market. We conclude that some differences to EU law are due to the institutional context. At the same time, the EAEU Court has deliberately taken some decisions to establish its own balance between autonomy and openness of the legal order it is called to interpret and simultaneously create.

The Global Community Yearbook of International Law and Jurisprudence 2019

2020 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Criminal Court ◽  
Original Research ◽  
The European Union ◽  
Global Community ◽  
International Courts ◽  
Court Of Justice ◽  
Global Law

The 2019 edition of the Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to international courts of human rights (ECtHR, IACtHR, ACtHPR), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge-sharing process as a tool for courts working together in a universal constitutional structure; the key insights emerging from the Global Environment Outlook-6, and the progress that has been made in international environmental law; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN Compact for Safe, Orderly and Regular Migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.

scholarly journals Securing Human Rights on the Post-Soviet Space

2015 ◽  
pp. 56-62
Author(s):  
R. A. Kasyanov ◽  
E. A. Torkunova
Keyword(s):  
Human Rights ◽  
Legal Rights ◽  
Modern World ◽  
The European Union ◽  
Eurasian Economic Union ◽  
Financial Interests ◽  
Independent States ◽  
Soviet Space ◽  
Economic Union ◽  
Post Soviet Space

Abstract: A lot of profound political, economic, social, cultural and legislative modifications have happened on the post-Soviet space since the disintegration of the USSR. The term “post-Soviet space” should not be considered as the geographical boundaries of the fifteen former Soviet republics. The conception of the “post-Soviet space” has a more profound meaning as it reflects the common historical and cultural heritage as well as close economic relations, moreover, friendship between the citizens of the new independent States. The most developed sphere in the interstate relations nowadays is economics. The most prime example is Eurasian Economic Union (EEU), the youngest integration institution in the world which unites five countries willing to construe their relationship on a stronger basis than the proposed format of cooperation within the Commonwealth of the Independent States. In the modern world the economic and financial interests are determining, their ensuring makes the governments change foreign and domestic policies, start and terminate trade wars, desperately fight for the respect of their legal rights or, on the contrary, voluntarily give up on some parts of their sovereignty in the framework of integration development. The experience of the European Union demonstrates that the construction of the unified internal market within which freely move persons, goods, services and capitals is a necessary but not the only attribute of a successful integration project. At a certain moment the complex of economic and financial interests should be supplied with the interests of a concrete person. A strict observation of rights and freedoms is becoming a factor that predetermines a possibility of a conversion to the higher forms of integration. In this article is analyzed the problem of human rights defense in the main organizations functioning on the post-Soviet space - Eurasian Economic Union and Commonwealth of the Independent States.

Competitiveness of energy-consuming devices: new requirements in technical regulation for sustainable development

2020 ◽  
Vol 27 (3) ◽  
pp. 11-18
Author(s):  
E.A. Sysoeva ◽  
◽  
T.A. Rozhkova ◽  
Keyword(s):  
Energy Efficiency ◽  
Energy Security ◽  
Positive Impact ◽  
The European Union ◽  
Technical Regulation ◽  
Member States ◽  
Eurasian Economic Union ◽  
Modern Level ◽  
Energy Consuming ◽  
Economic Union

The Eurasian economic Union has adopted the technical regulation «On energy efficiency requirements for energy-consuming devices» (TR EEU 048/2019), which is applied to widely used energy-consuming devices that have a significant share in the energy consumption balance and produce a significant impact on the energy security of the EEU member States. In TR EEU 048/2019 updated quantitative requirements to energy consuming devices, with new, additional requirements for energy efficiency, corresponding to modern level of the development of energy-saving technologies, and harmonization gradually introduced requirements on energy efficiency of energy consuming devices installed in a TR EEU 048/2019, with the requirements of the directives and regulations of the European Union, suggests that energy efficiency in energy-consuming products manufactured in the member States of the Eurasian economic Union, will steadily increase and it should have a positive impact on the competitiveness of energy-consuming goods produced in the territory of the Eurasian economic Union. The introduction of the EAEU TR 048/2019 is an urgent solution for ensuring energy security of the economies and the energies of the member States of the Eurasian economic Union and will promote the promotion of competitive energy-consuming products produced on the territory of the countries of the Eurasian economic Union to the international market and will allow the population to save money on acquisitions of energy efficient energy consuming devices.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

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