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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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Accountability, Parliamentarism and Transparency in the EU: The Role of National Parliaments 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.

Africa and the Rethinking of International Investment Law

Makane Moïse Mbengue and Stefanie Schacherer.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 10161 words.

This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the...

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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 Andean Tribunal of Justice and its Interlocutors

Karen J. Alter and Laurence R. Helfer.

in Transplanting International Courts

March 2017; p ublished online June 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 17334 words.

This chapter presents data on national court interactions with the Andean Tribunal. It analyzes case referral patterns from each of the five member states and discusses cross-country...

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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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An Asymmetric Comparative International Law Approach to Treaty Interpretation

Alec Knight.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 8384 words.

This chapter illustrates an asymmetric comparative international law approach to treaty interpretation through the example of the CEDAW Committee’s greater willingness to go beyond a margin...

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The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

Karen J. Alter and Laurence R. Helfer.

in Transplanting International Courts

March 2017; p ublished online June 2017 .

Chapter. Subjects: Public International Law; Comparative Law. 12239 words.

This chapter considers the geopolitical factors now threatening the Andean Community and explains how the Andean Tribunal of Justice (ATJ) has responded to this crisis. It also explains why...

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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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Caribbean Integration Law

David S. Berry.

February 2014; p ublished online April 2014 .

Book. Subjects: Public International Law; Comparative Law. 512 pages.

Caribbean Integration Law offers an in depth legal analysis of the two main regional organizations in the Caribbean, the Caribbean Community (CARICOM), and the Organisation of...

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Case Law in Russian Approaches to International Law

Lauri Mälksoo.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 6990 words.

In her comparative study on the use of case law in international law textbooks, Anthea Roberts demonstrates a number of structural differences between textbooks in different countries. This...

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CEDAW in National Courts

Christopher McCrudden.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 19583 words.

This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination...

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Comparative International Law

Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier and Mila Versteeg.

January 2018; p ublished online January 2018 .

Book. Subjects: Public International Law; Comparative Law. 640 pages.

By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate,...

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Comparative International Law and Human Rights

Christopher McCrudden.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 9412 words.

This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms...

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Comparative International Law, Foreign Relations Law, and Fragmentation

Paul B. Stephan.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 8328 words.

This chapter considers the rise of foreign relations law as a way of thinking about the legal dimensions of international relations. It connects this development to the emergence of...

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