Judging International Judgments Anew? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Judgments Anew? write by Raffaela Kunz. This book was released on 2019. Judging International Judgments Anew? available in PDF, EPUB and Kindle. In recent times, instances of contestation of the ECtHR and the IACtHR make headlines, and in many of these cases domestic courts play a role by refusing to follow the human rights courts or even declaring their judgments to be unconstitutional. This paper undertakes an in-depth analysis of these instances of judicial resistance and puts them into context. This shows that domestic courts, even though originally not having been allocated this role, have become important 'compliance partners' of the human rights courts and now play an important and autonomous role in the implementation of their judgments. At the same time, they act as 'gatekeepers' and limit their effects in the domestic order. Recent cases even suggest a turn to a less open and more national self-perception of domestic courts. While this to some extent reflects the multiple - and sometimes conflicting - roles domestic courts perform at the intersection of legal orders, the paper argues that the open and flexible stance many domestic courts take when faced with international judgments is better suited to cope with the complex and plural legal reality than systematically judging anew on matters already decided by the human rights courts.
Judging International Human Rights
Judging International Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Human Rights write by Stefan Kadelbach. This book was released on 2019-04-15. Judging International Human Rights available in PDF, EPUB and Kindle. This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Judging International Judgments
Judging International Judgments - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Judgments write by Mark Movsesian. This book was released on 2007. Judging International Judgments available in PDF, EPUB and Kindle. This article explores the Supreme Court's decision last term in Sanchez-Llamas v. Oregon. In Sanchez-Llamas, the Court considered the effect that rulings of international tribunals - what I call "international judgments" - should have in American courts. The main opinions in the case mirror a scholarly debate that has raged for the last decade. The Court's opinion adopts a dualist position, under which international judgments have only information value. The dissent, by contrast, adopts the comity model that has gained considerable academic support in recent years. Under that model, American courts defer to international judgments, where possible, in the interests of global uniformity. I argue that the Court's position is the better one. The dualist approach allows domestic courts to balance the competing demands of international order and local autonomy. The comity model, by contrast, draws support from inapposite regional analogies and fails to solve the legitimacy problems that international courts present. In rejecting the comity model, the Sanchez-Llamas Court casts doubt on the long-term prospects of comity scholarship and assures that the American approach to international judgments will be a sensible one.
The Use of Foreign Precedents by Constitutional Judges
The Use of Foreign Precedents by Constitutional Judges - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Use of Foreign Precedents by Constitutional Judges write by Tania Groppi. This book was released on 2013-03-28. The Use of Foreign Precedents by Constitutional Judges available in PDF, EPUB and Kindle. In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Judicial Settlement of International Disputes
Judicial Settlement of International Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Settlement of International Disputes write by Edward McWhinney. This book was released on 2023-11-27. Judicial Settlement of International Disputes available in PDF, EPUB and Kindle. The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
