Procedural Fairness in International Courts and Tribunals

Procedural Fairness in International Courts and Tribunals
Author :
Publisher : British Institute for International & Comparative Law
Total Pages : 0
Release :
ISBN-10 : 1905221606
ISBN-13 : 9781905221608
Rating : 4/5 (608 Downloads)

Book Synopsis Procedural Fairness in International Courts and Tribunals by : Arman Sarvarian

Download or read book Procedural Fairness in International Courts and Tribunals written by Arman Sarvarian and published by British Institute for International & Comparative Law. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]


Procedural Fairness in International Courts and Tribunals Related Books

Procedural Fairness in International Courts and Tribunals
Language: en
Pages: 0
Authors: Arman Sarvarian
Categories: Court proceedings
Type: BOOK - Published: 2015 - Publisher: British Institute for International & Comparative Law

DOWNLOAD EBOOK

Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framew
The Performance of International Courts and Tribunals
Language: en
Pages: 471
Authors: Theresa Squatrito
Categories: Law
Type: BOOK - Published: 2018-04-05 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
General Principles of Law and International Due Process
Language: en
Pages: 305
Authors: Charles T. Kotuby, Jr.
Categories: Law
Type: BOOK - Published: 2017-02-15 - Publisher: Oxford University Press

DOWNLOAD EBOOK

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but als
Fairness in International Criminal Trials
Language: en
Pages: 257
Authors: Yvonne McDermott
Categories: Law
Type: BOOK - Published: 2016-01-21 - Publisher: Oxford University Press

DOWNLOAD EBOOK

With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the f
Deference in International Courts and Tribunals
Language: en
Pages: 465
Authors: Lukasz Gruszczynski
Categories: Law
Type: BOOK - Published: 2014 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the