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Beyond Legalization

Gleider I Hernández.

in The International Court of Justice and the Judicial Function

May 2014; p ublished online August 2014 .

Chapter. Subjects: Public International Law; Legal System and Practice. 6918 words.

In this final Chapter, a number of further reflections are advanced. First, the idea that constitutionalization as a valid descriptive framework is rejected for its lack of concordance with...

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Competing or Conflicting Norms, and Related but Different Doctrine

Edward Chukwuemeke Okeke.

in Jurisdictional Immunities of States and International Organizations

May 2018; p ublished online May 2018 .

Chapter. Subjects: Public International Law; Legal System and Practice. 20767 words.

This chapter addresses competing or conflicting norms, as well as the related but different doctrine of Act of State. It examines the various approaches courts employ in dealing with the...

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Conclusion

Andrew D Mitchell and Tania Voon.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 2898 words.

The principle of good faith may play a role in various settings within the fields of international trade law and international investment law. But this principle is difficult to define and...

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Conclusion

Edward Chukwuemeke Okeke.

in Jurisdictional Immunities of States and International Organizations

May 2018; p ublished online May 2018 .

Chapter. Subjects: Public International Law; Legal System and Practice. 2454 words.

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and...

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Conclusions

Arman Sarvarian.

in Professional Ethics at the International Bar

September 2013; p ublished online January 2014 .

Chapter. Subjects: Legal System and Practice; Public International Law. 2978 words.

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Determination and Scope of Immunity of International Organizations

Edward Chukwuemeke Okeke.

in Jurisdictional Immunities of States and International Organizations

May 2018; p ublished online May 2018 .

Chapter. Subjects: Public International Law; Legal System and Practice. 23862 words.

This chapter deals with the most contentious aspects of the immunity of international organizations: its determination and scope. It is well-settled, under international law, that...

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Developing Common Ethical Standards before International Courts

Arman Sarvarian.

in Professional Ethics at the International Bar

September 2013; p ublished online January 2014 .

Chapter. Subjects: Legal System and Practice; Public International Law. 11086 words.

This chapter explores the feasibility of professionalization through the articulation of common ethical standards for counsel. Through analysis of the nascent efforts in professional...

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The Development of International Law by the International Court of Justice

Edited by Christian J. Tams and James Sloan.

September 2013; p ublished online January 2014 .

Book. Subjects: Public International Law; Legal System and Practice. 432 pages.

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of...

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The Development of the Law of the Sea by the International Court of Justice

Vaughan Lowe QC and Antonios Tzanakopoulos.

in The Development of International Law by the International Court of Justice

September 2013; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Legal System and Practice. 9515 words.

This chapter assesses the ICJ's contribution to the development of the law of the sea. It surveys the development of the law of the sea and the other actors involved in that development. It...

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Diplomatic Protection and the International Court of Justice

Kate Parlett.

in The Development of International Law by the International Court of Justice

September 2013; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Legal System and Practice. 10469 words.

This chapter begins by tracing the origins of the doctrine of diplomatic protection and it then provides a brief analysis of the jurisprudence of the ICJ's predecessor, the Permanent Court...

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The Essential Judicial Function and the International Legal System

Gleider I Hernández.

in The International Court of Justice and the Judicial Function

May 2014; p ublished online August 2014 .

Chapter. Subjects: Public International Law; Legal System and Practice. 24199 words.

This Chapter reflects on the question of whether international law can be considered a true system. Examining in particular the question of whether ‘gaps’ exist within the international...

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The European Court of Human Rights1

Arman Sarvarian.

in Professional Ethics at the International Bar

September 2013; p ublished online January 2014 .

Chapter. Subjects: Legal System and Practice; Public International Law. 9970 words.

This chapter addresses the procedure and practice of advocacy before the European Court of Human Rights. Setting out the historical background to the originally restricted rights of hearing...

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The European Court of Justice1

Arman Sarvarian.

in Professional Ethics at the International Bar

September 2013; p ublished online January 2014 .

Chapter. Subjects: Legal System and Practice; Public International Law. 15131 words.

This chapter examines the procedure and practice of advocacy before the European Court of Justice and General Court of the European Union. In tracing the historical development of advocacy...

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General Introduction

Christian J Tams and James Sloan.

in The Development of International Law by the International Court of Justice

September 2013; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Legal System and Practice. 1987 words.

This introductory chapter sets out the book's purpose, which is to identify and evaluate the main contributions of the International Court of Justice. The focus throughout is on the actual...

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Good Faith and Fair and Equitable Treatment in International Investment Law

Martins Paparinskis.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 13995 words.

Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation...

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Good Faith and International Economic Law

Edited by Andrew D. Mitchell, M Sornarajah and Tania Voon.

May 2015; p ublished online June 2015 .

Book. Subjects: Public International Law; Legal System and Practice. 224 pages.

The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and...

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Good Faith as a General Principle of (International) Law

Andreas R Ziegler and Jorun Baumgartner.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 12528 words.

The principle of good faith, both a general principle of law and a general principle of international law, plays an eminent role in international treaty relations in general and in...

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Good Faith, Corporate Nationality, and Denial of Benefits

M Sornarajah.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 11489 words.

This chapter builds on Chapter 5 to focus on the ‘denial of benefits’ provisions introduced in treaties as a direct consequence of investors attempting to invoke the protection of...

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Good Faith in Parallel Trade and Investment Disputes

Tania Voon, Andrew D Mitchell and James Munro.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 12281 words.

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that...

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Good Faith in Treaty Interpretation

Eric De Brabandere and Isabelle Van Damme.

in Good Faith and International Economic Law

May 2015; p ublished online June 2015 .

Chapter. Subjects: Public International Law; Legal System and Practice. 11211 words.

This chapter examines the origins of the principle of good faith as forming part of the law of treaties and the functions of that principle in interpreting treaties. In particular, the...

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