الصفحة 1
الصفحة 1
Investor-State Dispute Settlement and National Courts : Current Framework and Reform Options
This book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals.
International legal argument in the Permanent Court of International Justice : the rise of the international judiciary
The International Court of Justice is the principal judicial organ of the UN, and successor of the PCIJ, which was the first real permanent court of justice at the international level. Drawing on archival material, this book describes the ground-breaking contributions of the PCIJ to international law.
General principles of law : the role of the judiciary
Examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma.The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems.
Legitimacy in International Law
In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm? This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.
Child soldiers and the defence of duress under International criminal law
Investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts.
Abuse of Dominant Position : New Interpretation, New Enforcement Mechanisms?
As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
