Author: Pierre Schmitt Publisher: Edward Elgar Publishing ISBN: 1786432897 Category : Law Languages : en Pages : 416
Book Description
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Author: Rishi Gulati Publisher: Cambridge University Press ISBN: 1108837549 Category : Law Languages : en Pages : 255
Book Description
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Author: Rishi Gulati Publisher: Cambridge University Press ISBN: 1108943713 Category : Law Languages : en Pages : 255
Book Description
We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.
Author: Publisher: BRILL ISBN: 9004441034 Category : Law Languages : en Pages : 342
Book Description
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Author: Jan Klabbers Publisher: Edward Elgar Publishing ISBN: 0857931296 Category : Political Science Languages : en Pages : 545
Book Description
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.
Author: Publisher: BRILL ISBN: 9004296069 Category : Business & Economics Languages : en Pages : 375
Book Description
Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
Author: Steven R. Ratner Publisher: OUP Oxford ISBN: 0191009113 Category : Law Languages : en Pages : 500
Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Author: Nigel D. White Publisher: Manchester University Press ISBN: 9780719059544 Category : Law Languages : en Pages : 262
Book Description
This new edition considers the legal concepts that have emerged from a wider political debate to govern vastly differing inter-governmental organisations ranging from the UN to the EU
Author: Leonardo de Oliveira Publisher: Kluwer Law International B.V. ISBN: 9403506814 Category : Law Languages : en Pages : 421
Book Description
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author: Pierre Schmitt
Author: Rishi Gulati
Author: Rishi Gulati
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Author: Jan Klabbers
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Author: Steven R. Ratner
Author: Nigel D. White
Author: August Reinisch
Author: Leonardo de Oliveira