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Abkhazia

Farhad Mirzayev.

in Self-Determination and Secession in International Law

June 2014; p ublished online August 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 11783 words.

The paper covers research on the correlation of the principles of uti possidetis juris and self-determination in the case of Abkhazia. It argues that under the principle of uti possidetis,...

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<i>Accountability, Parliamentarism and Transparency in the EU: The Role of National Parliaments</i> by Adam Cygan

David Yuratich.

in Yearbook of European Law

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Comparative Law; EU Law; Private International Law and Conflict of Laws; Public International Law. 827 words.

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Agenda and Objectives

Armin von Bogdandy and Ingo Venzke.

in In Whose Name?

July 2014; p ublished online September 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 12637 words.

This introductory chapter frames the problem with a number of illustrative examples and with the three core concepts that carry the book’s argument. It starts to show how international...

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The Apologist Role of National Courts: Legitimizing (Illegal) State Policy

Sharon Weill.

in The Role of National Courts in Applying International Humanitarian Law

March 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 31592 words.

This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ)...

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An Applicable International Rule of Law

Robert H. Wagstaff.

in Terror Detentions and the Rule of Law

December 2013; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 12035 words.

The late Tom Bingham spoke eloquently of the rule of law’s crucial role in the international arena, saying it is ‘one of the greatest unifying factors, perhaps the greatest, the nearest we...

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Assessing the Effectiveness of International Courts

Yuval Shany.

January 2014; p ublished online April 2014 .

Book. Subjects: Public International Law; Comparative Law. 342 pages.

Are international courts effective tools for international governance? Do they fulfil the expectations that led to their creation and empowerment? Why do some courts appear to be more...

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The Avoiding Role of National Courts: Law as a Political Doctrine

Sharon Weill.

in The Role of National Courts in Applying International Humanitarian Law

March 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 27445 words.

This chapter discusses the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. It first analyses the construction of...

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Basic Conceptions of International Courts

Armin von Bogdandy and Ingo Venzke.

in In Whose Name?

July 2014; p ublished online September 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 35686 words.

This chapter presents three established conceptions that dominate the understanding of the practice and scholarship of international courts: first, the state-oriented conception, which sees...

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Beyond Hierarchy

Diane Bernard.

in Deference in International Courts and Tribunals

October 2014; p ublished online November 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 7777 words.

Chapter 20 focuses on the complementarity of the International Criminal Court (ICC), interpreted in terms of ‘deference’ (as reflected in applicable standard of review) and/or demands on...

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Beyond the Standard of Review

Michael Ioannidis.

in Deference in International Courts and Tribunals

October 2014; p ublished online November 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 11108 words.

Chapter 6 investigates the applicable standard of review in the WTO context. The chapter criticizes the current usage of standards of review by the WTO adjudicating bodies, noting in...

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