scholarly journals The Judicial Trilemma visits Latin American Judicial Politics

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 354-358
Author(s):  
Mauricio Guim
Keyword(s):  
International Law ◽  
Latin American ◽  
Judicial Politics ◽  
International Courts ◽  
Low Level ◽  
The Third ◽  
Hard Choice ◽  
Dynamic Relations ◽  
International Tribunals ◽  
The Cost

The Judicial Trilemma, by Jeff Dunoff and Mark Pollack, studies the dynamic relations between accountability, transparency, and independence, and suggests that designers can only maximize two of these three values at once. They can create a court that has high levels of (1) independence and accountability, (2) transparency and independence, or (3) accountability and transparency, but only at the cost of having a low level of the third value. The article explores these ideas using four different international tribunals, but its insights are not limited to international courts. Domestic designers also have to decide what levels of accountability, independence, and transparency their courts should have, and in making a decision they will face the Judicial Trilemma and confront the hard choice of selecting primarily two out of three values.

The Clean Hands Doctrine as a General Principle of International Law

2020 ◽  
Vol 21 (4) ◽  
pp. 489-527
Author(s):  
Patrick Dumberry
Keyword(s):  
International Law ◽  
General Principle ◽  
South American ◽  
International Courts ◽  
International Tribunals

Abstract The question of the scope and application of the doctrine of clean hands by investment tribunals is controversial. This article examines how scholars, international courts and tribunals and investment tribunals have analysed the concept. I will show that while the doctrine has rarely been used by international tribunals, they have nonetheless recognised and applied the clean hands doctrine in several awards. I will critically assess the reasoning of the Yukos award and, most importantly, the recent South American Silver Limited award, which have both held that the clean hands doctrine is not a general principle of law. I will argue, like many writers, that the doctrine should be considered as a general principle of international law. The article examines this concept and describes how such principles emerge on the international plane in a manner different from general principles grounded in the domestic laws of States.

An International Jurisprudence? The Operation of “Precedent” Across International Tribunals

2002 ◽  
Vol 15 (3) ◽  
pp. 483-526 ◽  
Author(s):  
Nathan Miller
Keyword(s):  
International Law ◽  
Variable Frequency ◽  
Similar Treatment ◽  
International Courts ◽  
Explicit Reference ◽  
International Tribunals ◽  
Fragmentation Of International Law

Amid the proliferation of international judicial and quasi-judicial bodies, worries about the possible fragmentation of international law are increasing. Such fears, however, may be misplaced. A close examination of the jurisprudence of nine international judicial bodies, looking specifically for instances of explicit reference to one another's decisions, shows the practice to be widespread, of variable frequency and covering both procedural and substantive issues. Taken in conjunction with other scholarship about the similar treatment of important doctrines across all (or most) bodies, this study suggests that unity, not fragmentation, may emerge from the proliferation of international courts and tribunals.

How Often Must We Re-Invent the Wheel? Reflections on the Most Efficient Structure of Prosecution Offices in International Courts and Why It is Not Generally Used

2017 ◽  
Vol 30 (4) ◽  
pp. 987-1002
Author(s):  
RUTH BETTINA BIRN
Keyword(s):  
Best Practices ◽  
International Law ◽  
Structural Models ◽  
International Courts ◽  
Structural Framework ◽  
International Tribunals ◽  
Nuremberg Trials

AbstractAre historians or other country specialists needed in the investigation and prosecution of crimes under international law? Experiences at international tribunals, from the Nuremberg Trials to the present, offer different answers to this question. This article argues that country specialists are indispensable and demonstrates how, time and again, in international or national settings, practical necessities have led to structural models in which lawyers, investigators and country specialists work together. A ‘best practices’ model for interdisciplinary investigations adopted by a group of national and international prosecution units is presented in detail. When creating new international tribunals, the UN did not incorporate this model. What is needed for future tribunals is a structural framework of the Office of the Prosecutor, which includes country specialists.

scholarly journals Fragmentation of international law paradigm and conflict of jurisdictions of international courts with special reference to the European Court of Justice

2020 ◽  
Vol 54 (4) ◽  
pp. 1203-1230
Author(s):  
Sanja Đajić
Keyword(s):  
International Law ◽  
European Court Of Justice ◽  
International Courts ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
The One ◽  
Fragmentation Of International Law ◽  
The Eu

Fragmentation of international law can be studied from a variety of perspectives and the one chosen for this research is whether and how the conflict of jurisdictions (or other types of conflicts, in terms of interpretation or enforcement) of international judicial and quasi-judicial bodies affect the unity of international law. While the answer might seem to be too obvious to justify the question, it is still not to be too easily assumed. The second issue discussed in this paper is whether and to what extent the external authority of an international court affects the resolution of a conflict. Both issues are too grand for a single paper so the research will be focused solely on three case studies involving the European Court of Justice: Mox Plant, Kadi and Achmea cases. In all three of them the EU Court of Justice clashed with another adjudicative authority and prevailed in the first two but seems to have lost a battle in the third. The article explores the reasons for these outcomes relying inter alia on the concept of external authority of a judicial institution. These findings are coupled with discussion on how these outcomes can be assessed from the perspective of (de)fragmentation of international law.

Proliferation of International Courts and Tribunals: Is It Good or Bad?

2001 ◽  
Vol 14 (2) ◽  
pp. 267-275 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
International Law ◽  
Legal System ◽  
Public International Law ◽  
International Courts ◽  
International Tribunals

In his opening lecture of the LL.M. Program in Public International Law at Leiden University, Judge Buergenthal examines whether the recent phenomenon of the proliferation of international tribunals is to be welcomed or regretted by those who are interested in seeing international law become a vibrant and politically relevant legal system. He addresses questions relating to their interaction and the delimitation of their respective roles.

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.

The Concept of treaty in Islamic Jurisprudence: A comparative view of the classical jurists

2010 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Labeeb Bsoul
Keyword(s):  
International Law ◽  
The Body ◽  
Mutual Understanding ◽  
Contemporary World ◽  
The Third ◽  
Islamic Jurisprudence ◽  
Shed Light

This article aims to shed light on a particular area in the field of Islamic International law (siyar) treaty in Islamic jurisprudence. It addresses a comparative view of classical jurists of treaties both theoretically and historically and highlights their continued relevance to the contemporary world. Since the concept of treaty a lacuna in scholarship as well as the familiar of international legal theorists to study and integrate the Islamic treaty system into the body of modern international law in order to have a mutual understanding and respect and honor for treaties among nations. I would like to present a series of three parts the first one addresses the concept of treaty in Islamic jurisprudence the second addresses the process of drafting treaties and their conclusion and the third addresses selected treaties, including the treaty of H{udaybiya that took place between Muslims and non-Muslims..

Sign in / Sign up

Export Citation Format

Share Document