The Complexity of Sabbatino

1964 ◽  
Vol 58 (4) ◽  
pp. 935-951 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Judicial Decision ◽  
Partial Analysis ◽  
The Supreme Court ◽  
Supreme Court Decisions

Banco Nacional de Cuba v. Sabbatino is a seminal decision, interpreting significantly the role of a domestic court in an international law case. At the same time, it avoids reaching definitive results. Very little is settled once and for all by the Supreme Court. This realization prompts caution. Sabbatino will not yield an authoritative interpretation, except, perhaps, as a consequence of subsequent Supreme Court decisions. A commentator must be content, therefore, with the less dramatic claims of provisional and partial analysis. Those that claim more are misleading us. The complexity of Sabbatino is almost certain to poison hordes of over-clarifiers who are descending upon this major judicial decision as vultures upon a freshly dead carcass.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

Domestic Courts as Agents of Development of International Immunity Rules

2013 ◽  
Vol 26 (3) ◽  
pp. 559-578 ◽  
Author(s):  
ROSANNE VAN ALEBEEK
Keyword(s):  
International Law ◽  
Court Decisions ◽  
Domestic Court ◽  
International Courts ◽  
International Court ◽  
Domestic Courts ◽  
To Come

AbstractThis paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to international-court decisions) in that process results in a different role, and concomitant different rules, in the process of interpretation of rules of international law. The paper argues that while domestic courts are as a matter of international law bound by the same rules of interpretation as international courts, they are particularly well placed to address access to court concerns raised by immunity rules and may play a prominent role in the development of international law in this field in the years to come.

scholarly journals Le droit de recours de l'entrepreneur contre l'ingénieur ou l'architecte à la lumière d'arrêts récents de la Cour suprême

2005 ◽  
Vol 20 (3) ◽  
pp. 625-638
Author(s):  
Thérèse Rousseau-Houle
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
The Supreme Court ◽  
Supreme Court Decisions ◽  
The Relationship

This paper surveys recent Supreme Court decisions dealing with the relationship between building contractors and architects or engineers participating in the same project. Normally, the agreement between the owner and the architect or the owner and the engineer vests no rights in the building contractor. The latter may only sue the architect or the engineer on an extra-contractual basis. Proceedings may then take the form of a recursory action, where the contractor, having been held jointly and severally liable towards the owner, attempts to have the architect or engineer take their share of liability. Alternatively, proceedings could be taken on the basis of a delict, in cases where negligence is alleged by the contractor against the architect or engineer. The Supreme Court seems inclined to view the problem from a contract perspective, and to restrict opportunities to sue on the basis of a delict.

scholarly journals Connecting Supreme Court Decisions, Media Coverage, and Public Opinion: The Case of Lawrence v. Texas

2006 ◽  
Vol 27 ◽  
pp. 209-230
Author(s):  
Mahalley D. Allen ◽  
Donald P. Haider-Markel
Keyword(s):  
Public Opinion ◽  
Civil Rights ◽  
Supreme Court ◽  
Media Coverage ◽  
Gay And Lesbian ◽  
Court Decisions ◽  
The Supreme Court ◽  
The Media ◽  
Supreme Court Decisions ◽  
The Relationship

Many scholars have examined the relationship between public opinion and the U.S. Supreme Court, but most researchers have often failed to take into account the fact that the press mediates this relationship. Due to the public’s lack of independent knowledge about Supreme Court decisions, the media has the potential to play an influential role in the communication and interpretation of Supreme Court decisions. In this article, we examine the relationship between the Supreme Court, the media, and public opinion. First, we examine whether increased public tolerance on gay and lesbian issues has resulted in increased media coverage of gay-related cases before the Supreme Court. Second, we examine how media coverage of the Court’s 2003 decision to strike down state sodomy laws in Lawrence v. Texas may have been associated with decreased public support for gay and lesbian civil rights. Our analysis suggests that increased support for gay and lesbian civil rights may have lead to increased media attention to the Lawrence case and that the tone of this coverage may have subsequently resulted in an observed decrease in support for gay and lesbian civil rights following the Court’s decision. We also suggest that the release of a highly critical dissenting opinion by the Court in the case may have encouraged negative media coverage and the resulting shift in public opinion. Our research has broad implications for media coverage of Supreme Court decisions.

scholarly journals Ahani v. Canada: A Persuasive Dialogue within the Courts

Refuge ◽  
2003 ◽  
pp. 120-129
Author(s):  
Adrian Di Giovanni
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Canadian Law ◽  
The Supreme Court ◽  
The Status ◽  
Peremptory Norms

This paper is a comment on Ahani v. Canada (OCA). Canadian courts are presently involved in a dialogue over the role of international law domestically. The courts’ own grappling with various norms of international law, however, has helped to clarify and reinforce the status of these norms. In Baker v. Canada, the Supreme Court gave a new prominence to the “persuasive approach” of applying international law. Ahani demonstrates that while the persuasive approach has begun to be internalized into Canadian law, the courts are still at odds with how persuasive international law should be. To complicate this account, the Supreme Court’s discussion in Suresh of peremptory norms of international law demonstrates that an over-emphasis on the “persuasive” approach can in fact weaken the role of international law domestically. At the same time, the dialogue within the courts is linked to a much more general dialogue. The importance of cases such as Ahani ultimately stretches beyond the domestic context.

scholarly journals PENINJAUAN KEMBALI TERHADAP PUTUSAN PENGADILAN YANG TELAH MEMPEROLEH KEKUATAN HUKUM TETAP DALAM PERKARA PERDATA

2007 ◽  
Vol 37 (1) ◽  
pp. 50 ◽  
Author(s):  
Winarno Adi Adi Gunawan
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Law System ◽  
The Supreme Court ◽  
Supreme Court Decisions

AbstrakThe peninjauan kembali (revision) under Indonesian procedure law. system isas an extra ordinary efforts to against the supreme court decisions. Revisionis applicable to the permanent decision by involved party that ought tofilling the sue to the Supreme Court (Mahkamah Agung-Rl). Based on lawnumber 4 year 2004 has stipulated condition on the revision is undercircumstance on any situation under article 23 section 1 which ought tounder law provisions. The author here notes that any possibly impedimentappears will not technically happen in practice later. Oftenly in revisionimplementations the lack or weakness does exist by the applicant side 's. Themostly be deficient in the relevance's legal application to be considered uponSupreme Court.

Sign in / Sign up

Export Citation Format

Share Document