International law: courts and procedures Books

Book SynopsisWhat will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future.This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.Trade Review'This distinguished book is to be highly recommended for its comprehensive coverage of and practical information on the impending European patent system. It is definitely indispensable for people concerned not only with Europe but also internationally, including, of course, with Asia.' --Tatsuhiro Ueno, Waseda University, Tokyo, Japan'Certainly the practical information and insightful commentary contained in this book will be appreciated by students, academics and policy makers, as well as practitioners.' --The BarristerTable of ContentsContents: 1. Introduction 2. European Patent Litigation Under the European Patent Convention (EPC) 3. Analysing the Reforms - The Unified Patent Court (UPC) and the European Patent With Unitary Effect (UP) 4. Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities 5. Conclusion Index

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Book SynopsisThis Companion is a one-stop reference resource on the Phnom Penh based ?Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court?s practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the court has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal?s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with the ECCC. Academics focusing on international criminal justice will also find this useful to assess the value of the Extraordinary Chambers, both during the tribunal?s lifespan and after it has closed its doors.Trade Review'This is an important book, about a court which faced immense challenges and a bad press, but has nonetheless contributed both to criminal jurisprudence and to rebuilding confidence in the rule of law in Cambodia. It is astute and authoritative - Jorgensen's analysis comes with the knowledge of an insider and the objectivity of a brilliant jurist. The book is essential reading for architects of tribunals to deal with atrocities elsewhere in the world, and for all students of the struggle for global justice in the twenty-first century.' --Geoffrey Robertson, author of Crimes Against HumanityTable of ContentsContents: 1. Introduction 2. Legality 3. Structure 4. Procedure 5. Cases 6. Proceedings 7. Crimes 8. Liability 9. Sentencing 10. Victims 11. Legitimacy 12. Legacy Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisWhat is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.Trade Review'A great introduction to the subject, rich with scholarly analysis including an essential historical perspective on the origins of international criminal justice, but at the same time sparkling with the unique insights of practitioners.' --William A. Schabas, Middlesex University London, UK'This exceptional book explores the emerging discipline of international criminal justice from new and important perspectives. Its thematic approach lends a deeper understanding not just of the legal frameworks and challenges, but also of the many disciplines that inform and make up this growing field. Written by two distinguished practitioners and scholars of international criminal justice, this book offers readers vital insight into the successes, failures and challenges that confront the response by states and the international community to mass atrocity today.' --Michael P. Scharf, Case Western Reserve University, School of Law, USTable of ContentsContents: 1. What is International Criminal Justice? 2. International Criminal Justice and History 3. International Criminal Justice and Politics 4. International Criminal Justice and Psychology 5. International Criminal Justice and Responses to Terrorism 6. International Criminal Justice and Transitioning Societies 7. International Criminal Justice and Hope – Some Concluding Remarks Index

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Book SynopsisInternational claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.Trade Review'Thorough, creative and readable, this book is an important addition to the literature. The authors have eschewed an exclusively black-letter approach for a presentation and appraisal of the dynamic process of mass claims arbitration. Drawing on their rich experience, they also offer important recommendations to ensure that an interstate arrangement that is supposed to provide post-conflict justice for the ''collateral'' victims does not degenerate into a continuation of war by other means.' --W. Michael Reisman, Yale Law School, USTable of ContentsContents: Introduction: International Mass Claims Commissions: “Build-It-Yourself” Justice? 1. What Are International Mass Claims Commissions? 2. Why a Claims Commission? 3. The Legal and Operating Structure 4. Who Are the Claimants and What Are the Claims? 5. The Financial Structure of Claims Commissions 6. Problems of Proof and Evidence 7. Remedies and Compliance with Claims Commissions Rulings 8. Conclusions Index

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Book SynopsisThis comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.Trade Review‘I sometimes wonder who, other than an eager reviewer, reads a collection like this from cover to cover. It would, however, be fair to say that in this instance the editors made a good job selecting their contributors and, unlike many collective works, there is not a weak one in the bunch. So, if you want to get your head around the formation of the Court and the current issues, this is an excellent read.’ -- Roger S Clark, Criminal Law Forum'This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court's performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.' -- Elies van Sliedregt, University of Leeds, UK'Though created so that the most serious crimes "not go unpunished", the ICC has been able to punish only a few. In this book, leading international justice experts explore the court's legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.' -- Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice'Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.' -- David Scheffer, Northwestern University, Pritzker School of Law, US and former US AmbassadorTable of ContentsContents: Introduction: narratives and counter-narratives of the International Criminal Court x PART I THE ESTABLISHMENT OF THE ICC 1 The dynamics of the Rome Conference 3 William A. Schabas 2 The Rome Conference: institutional design and the constraints of diplomacy 20 Frédéric Mégret PART II INTERPRETING AND APPLYING THE ROME STATUTE 3 Contestation and inevitability in the crimes of the International Criminal Court 49 Saira Mohamed 4 Admissibility as a theory of international criminal law 62 Alexander K. A. Greenawalt 5 Heads of state and other government officials before the International Criminal Court: the uneasy revolution continues 96 Leila Nadya Sadat 6 Penalties and punishment 128 Mark A. Drumbl 7 Can the ICC function without state compliance? 147 Rod Rastan PART III ICC IN ACTION 8 Taking the opportunity: prosecutorial opportunism and the International Criminal Court 181 Mark Kersten 9 Judges, the registry, and defence counsel 204 Sara Wharton 10 The Assembly of States Parties 231 Jennifer Trahan 11 Africa, the Court, and the Council 261 Rebecca J. Hamilton PART IV MAJOR CONTROVERSIES 12 Peace and justice 280 Yvonne M. Dutton 13 Re-narrating selectivity 307 Asad G. Kiyani 14 Human rights compliance 334 Jonathan O’Donohue 15 Re-writing sex and gender in international criminal law 363 Rosemary Grey and Louise Chappell 16 Mission uncertain: what communities does the ICC serve? 387 Margaret M. deGuzman Index 408

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Book SynopsisThis Research Handbook presents an in-depth examination of the International Court of Justice (ICJ) and its jurisprudence. Contributing authors dissect the global governance functions of the ICJ and its impact on national legal orders worldwide.

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Book SynopsisThe Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South.This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.Trade Review'In recent years, inequality and the denial of social rights have gained increasing prominence on the human rights agenda in response to the return of the worst features of the Gilded Age. This up-to-date review of the past twenty years of the relevant jurisprudence of the Inter-American Court of Human Rights highlights impressive recent initiatives taken by the Court. It is an important reference work for understanding the evolution of this major system of rights protection.' --Philip Alston, New York University, School of Law, US'Isaac de Paz González provides a valuable survey of the jurisprudence of the Inter-American Court of Human Rights dealing with the rights of indigenous peoples and children, the rights of labour, and the right to health. The book is an important resource for students and scholars to reflect on important questions about the interactions among rights, about complex remedies, and about compliance with human rights.' --Mark Tushnet, Harvard University, USTable of ContentsContents: 1. Constitutional law and international human rights law in the Inter-American system: approaches, tensions and setting the social rights scene 2. Indigenous rights: old issues, new methods? protecting excluded groups 3. Deprivation of life and marginalisation: trends in children’s social rights 4. Jurisprudence On the Right to Health and Education 5. Labour rights: the path to a direct interpretation of Article 26 ACHR 6. Slavery and poverty on trial: light and shadow Conclusions

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Book Synopsis'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.'- Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.Trade Review'This book presents a comprehensive examination of the development and practice of the UN Security Council's referral mechanism under Article 13(b) of the Rome Statute. Dr Lentner has left no stone unturned. This is an invaluable book for anyone researching and teaching on the most critical trigger mechanism of the International Criminal Court. A must read for all international criminal justice academics and practitioners.' --Harry M. Rhea, Rutgers University Camden, United States Navy and Academy of Criminal Justice Sciences International Section, US'Lentner has produced a thoughtful, comprehensive treatment of the relationship between the ICC and the Security Council. The book is rigorous and timely, addressing issues that will shape the ICC's role in the global legal order. This is a major contribution to the literature that will prove valuable to scholars and practitioners alike.' --Margaret M. deGuzman, Temple University, Beasley School of Law, US'By showing that the International Criminal Court (ICC) is a Janus-faced institution, the book demonstrates how the Security Council s referrals to the ICC do not necessarily serve the purposes of international criminal justice. Thought-provoking and skilfully written, Dr Lentner's monograph stands out as a unique piece of scholarly literature.' --Rossana Deplano, University of Leicester, UKTable of ContentsContents: Acknowledgements 1. Introduction 2. Legislative History of the Referral Mechanism 3. The Legal Nature of Security Council Referrals 4. The Powers of the Security Council under the UN Charter 5. The ICC’s Exercise of the Powers Conferred by the Security Council 6. The Security Council Referrals in Practice 7. Key Issues of the Security Council Referrals in Practice 8. Conclusions: The Janus Face of the International Criminal Court Index

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Book SynopsisOffering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters.This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration. Trade Review‘This collective endeavour is a welcome tool for practitioners and others who need, or simply wish, to uncover intricacies of the cross-border aspects of the civil procedure, access information about (primarily) the Court’s case-law and learn about identified (and some resolved) difficulties. Last but not least, this book constitutes, to my knowledge, the most up-to-date commentary on the Brussels I Bis Regulation edited in English.’ -- Magdalena Licková, EU Law Live‘This is undoubtedly the most complete and up-to-date commentary on the Brussels I bis Regulation, written by experts in the field, whose command is evident in the way in which the core rules of the law of European Civil Procedure are analysed. With solid theoretical foundations and an exhaustive analysis of the case law of the Court of Justice of the European Union and national courts, it clearly and effectively explains how the system works in its various dimensions (international jurisdiction, parallel proceedings, recognition and enforcement of decisions) and offers solutions to the practical problems that legal practitioners may encounter. A work of the highest quality and, above all, of the greatest utility.’ -- Fernando Gascón Inchausti, Universidad Complutense de Madrid, Spain‘This book is an absolutely essential source for anyone working with Brussels I bis and European procedural law, whether practitioner, judge, or academic. This multi-authored commentary makes use of a pan-European range of experts with diverse professional backgrounds and exposures to different legal cultures and traditions. The editor and authors, all with expertise in comparative procedural law and private international law, reflect a sensitivity to the need to situate each Article within the development of a European procedural law. The lengthy Introduction is particularly helpful as a reference tool for the evolution of Brussels I bis, even including Brexit. The book is an invaluable resource not only for Brussels regime novices but also for scholars of European procedural law due to the inclusion of case law of the CJEU/ECJ as well as a breadth of national law that enriches each chapter and deepens our understanding.’ -- Louise Ellen Teitz, Roger Williams University, US‘The go-to commentary for anyone – academics and practitioners alike – interested in the European law of transnational litigation regarding civil and commercial matters from a truly European perspective!’ -- Franco Ferrari, New York University School of Law, USTable of ContentsContents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rvekülg Article 11 205 Inga J.rvekülg Article 12 211 Inga J.rvekülg Article 13 214 Inga J.rvekülg Article 14 223 Inga J.rvekülg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Crístian Oró Martínez Article 21 304 Crístian Oró Martínez Article 22 315 Crístian Oró Martínez Article 23 318 Crístian Oró Martínez SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel SECTION 9 LIS PENDENS – RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santaló Gorís CHAPTER III RECOGNITION AND ENFORCEMENT SECTION 1 RECOGNITION Article 36 548 Wiebke Voß Article 37 562 Wiebke Voß Article 38 569 Wiebke Voß SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Subsection 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Subsection 2 Refusal of Enforcement Article 46 680 Enrique Vallines García Article 47 686 Enrique Vallines García Article 48 695 Enrique Vallines García Article 49 699 Enrique Vallines García Article 50 704 Enrique Vallines García Article 51 708 Enrique Vallines García SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines García Article 53 724 Enrique Vallines García Article 54 735 Enrique Vallines García Article 55 744 Enrique Vallines García Article 56 756 Enrique Vallines García Article 57 758 Enrique Vallines García CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro Appendix 1: Annexes and Recitals 887 Index 898

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Book SynopsisThis comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase.Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.Table of ContentsContents: Foreword 1. Introduction to Judicial Coherence in the European Patent System 2. Judicial coherence in patent systems: A conceptual framework 3. Judicial coherence in the current European patent system 4. The proposals for a specialised patent court in Europe and the challenges to judicial coherence 5. Judicial coherence in the US and Japanese patent systems 6. Mechanisms to foster judicial coherence in the future European patent system 7. Conclusion to Judicial Coherence in the European Patent System References Index

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Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index

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Book SynopsisInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.Trade Review‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’ -- Harold Hongju Koh, Yale Law School, US‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’ -- Sean D. Murphy, George Washington University Law School, US‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 2 Historical overview of international claims commissions 17 Makane Moïse Mbengue 3 The US–Mexico Mixed Claims Commissions 55 Frédéric Mégret and Nicole Maylor 4 The Iran–US Claims Tribunal 75 Bruno Simma and Jan Ortgies 5 The United Nations Compensation Commission 90 Norbert Wühler 6 The first mass settlement of real property claims: the CRPC for Bosnia 113 Hans van Houtte 7 The Eritrea–Ethiopia Claims Commission 127 Namira Negm PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 8 Institutional design: how states create claims commissions and why 150 Timothy J. Feighery and Jason Rotstein 9 The multiple roles of States in international claims commissions 176 Jeremy K. Sharpe 10 The role of secretariats 200 Dirk Pulkowski and Scott Falls 11 Mass claims processes: institutional design issues 222 John R. Crook 12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239 Lee M. Caplan and Yateesh Begoorevii 13 Procedural issues: remedies and enforcement—ensuring the effective enforcement of mass claims 257 Aloysius P. Llamzon and Diana A. A. Reisman PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277 Ronald J. Bettauer 15 Creating an international compensation mechanism for Ukraine 292 Chiara Giorgetti and Patrick W. Pearsall 16 Claims commissions and the resolution of international environmental law disputes 309 Natalie Klein 17 Claims commissions and investment obligations 330 Angeline Welsh Index 340

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Book SynopsisThe UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. SkodvinTrade Review‘The Development of the Law of the Sea Convention represents a collective effort in filling the gap left in academic discussion. This book offers an in-depth appraisal of the impacts and contributions of international courts and tribunals to the development of UNCLOS since its entry into force in 1994. The book is timely, authoritative and thought- provoking. It will be of great interest to a wider readership, not only scholars and students working in the fields of public international law and the law of the sea, but also practitioners and relevant international organizations and institutions.’ -- Zhiguo Gao, Ocean Yearbook'The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the ''genuine link'', hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.' --Tullio Treves, Former Judge, The International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi 1 General introduction 1 Øystein Jensen 2 The regime of islands 14 Sir Malcolm D. Evans and Reece Lewis 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48 Robin Churchill 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73 Nigel Bankes 5 Managing transboundary fish stocks for sustainability 104 Andrew Serdy 6 Obligations of flag states in the exclusive economic zone 139 Aldo Chircop 7 Deep seabed mining 168 Aline Jaeckel 8 ITLOS and the tale of the tenacious ‘genuine link’ 190 Moira L. McConnell 9 Hot pursuit 216 Knut E. Skodvin 10 Historic rights 244 Seokwoo Lee and Lowell Bautista 11 Reflections 262 Øystein Jensen Index 268

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Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index

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Book SynopsisThis insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an 'alarm bell mechanism' is examined and assessed in relation to its original goal to prevent authoritarian backsliding.The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.Trade Review‘The volume provides an excellent tour de force through both the history of the ECtHR as well as the Court's dealing with histories in its case law. It poses questions to the core of the self-understanding, not only of the ECtHR but also for the legal and political scholarship on the Court. The multiplicity of voices assembled by the editors provide a rich and nuanced analysis, which does not fall into the trap of nostalgia but highlights the complex contexts in which the Court has, continues, and will operate in the future.’ -- Silvia Steininger, Zeitschrift für Rechtssoziologie'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, ''the conscience of Europe''. In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' -- Françoise Tulkens, Former Vice-President of the European Court of Human Rights'In what ways can the study of history inform current debates about the European Court of Human Rights? Uniting some of the academy's most thoughtful writers on the European Court, this volume explores the uses, misuses and insights of history in analyzing both the Court's jurisprudence and its evermore contested political role. The volume provides depth to current debates and will speak to lawyers, legal scholars, and historians of Europe alike.' -- Alexandra Huneeus, University of Wisconsin-Madison, USTable of ContentsContents: 1 Introduction: The European Court of Human Rights – the past in the present 1 Helmut Philipp Aust PART I CURRENT CHALLENGES OF THE COURT 2 From boom to backlash? The European Court of Human Rights and the transformation of Europe 21 Mikael Rask Madsen 3 Principled resistance to the European Court of Human Rights and its case law: a comparative assessment 43 Marten Breuer 4 Can Strasbourg be replicated at a global level? A view from Geneva 71 Yuval Shany PART II HISTORICAL PERSPECTIVES ON CURRENT CHALLENGES: THE DRAFTING HISTORY IN CONTEXT 5 The European Convention on Human Rights and postwar history: why origins matter 90 Marco Duranti 6 For the sake of unity: the drafting history of the European Convention on Human Rights and its current relevance 109 Esra Demir-Gürsel 7 Asylum and immigration under the European Convention on Human Rights – an exclusive universality? 133 Prisca Feihle PART III HISTORIES AS CASES AND IN THE CASES 8 History as an afterthought: the (re)discovery of Article 18 in the case law of the European Court of Human Rights 158 Bașak Çalı and Kristina Hatas 9 Rethinking effectiveness: authoritarianism, state violence and the limits of the European Court of Human Rights 177 Dilek Kurban 10 ‘Never Again’ as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights 200 Aleksandra Gliszczyńska-Grabias 11 Historical truth before the European Court of Human Rights 221 Björnstjern Baade 12 The limits of the European Court of Human Rights vis-à-vis contestation and authoritarianism: concluding observations 244 Esra Demir-Gürsel Index 264

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Book SynopsisPeace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.Table of ContentsContents 1. The Court as an Offspring of Centuries of Peace with Justice 2. The First Decades in the Fight Against Impunity by the Court and Unfounded Allegations of Bias Against Africa 3. Justice Did Not Duel Peace in the Alleged First Genocide of the 21st Century 4. Is it Peace, Justice, or a Final Military Solution in the Tragedy of Northern Uganda? 5. The ICC as a Catalyst for Sustainable Peace and New National Judicial Institutes 6. The Greatest Global Challenges Facing the Court: From Africa, Gaza, and Afghanistan to Dealing with the Hypocrisy of the UN Security Council Index

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Book SynopsisAnnotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law, ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. The service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx. Contributors: Manon Bax, Claire M.H. Boost, Michele Caianiello, Rebecca M. Heemskerk, Alexander Heinze, Michael J. Kelly, Andre Klip, Diletta Marchesi, Irene Milazzo, Luca Poltronieri Rossetti, Suzan van der Aa.Trade Review'Annotated Leading Cases of International Criminal Tribunals is a particularly useful reference and research tool for anyone interested in specific legal aspects of the law of the tribunals.'-- Frederik Naert in 49 Military Law and the Law of War Review (2010) 243.Table of ContentsAdmissibility (p. 11) Issues Relating to Appeal / Leave to Appeal (p. 29) Reparations ( p. 107) Stay / Termination of Proceedings and Withdrawal of Charges (p. 135) Disqualifi cation of Judges (p. 259) Change of Location of Proceedings (p. 281) Other Procedural Issues (0. 307) Victims (p. 443) Responsibilities/ Rights of States (p. 465) Interim Release of Detained Witnesses (p. 503) Presence of Accused at Trial (p. 531) Review of Detention (p. 605) Article 74 Judgment (p. 645)

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Book SynopsisIn accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.Conformément à l'article 102 de la Charte et aux résolutions pertinentes de l'Assemblée générale, tous les traités et accords internationaux enregistrés ou classés auprès du Secrétariat depuis 1946 sont publiés dans le Recueil des traités. Actuellement, la collection comprend environ 30.000 traités reproduits dans leur langue d'origine, avec des traductions en anglais et en français, si nécessaire.

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Book SynopsisIn accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.

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Book SynopsisIn accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.Conformément à l'article 102 de la Charte et aux résolutions pertinentes de l'Assemblée générale, tous les traités et accords internationaux enregistrés ou classés auprès du Secrétariat depuis 1946 sont publiés dans le Recueil des traités. Actuellement, la collection comprend environ 30.000 traités reproduits dans leur langue d'origine, avec des traductions en anglais et en français, si nécessaire.

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Book SynopsisIn accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.Conformément à l'article 102 de la Charte et aux résolutions pertinentes de l'Assemblée générale, tous les traités et accords internationaux enregistrés ou classés auprès du Secrétariat depuis 1946 sont publiés dans le Recueil des traités. Actuellement, la collection comprend environ 30.000 traités reproduits dans leur langue d'origine, avec des traductions en anglais et en français, si nécessaire.

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Book SynopsisIn accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.Conformément à l'article 102 de la Charte et aux résolutions pertinentes de l'Assemblée générale, tous les traités et accords internationaux enregistrés ou classés auprès du Secrétariat depuis 1946 sont publiés dans le Recueil des traités. Actuellement, la collection comprend environ 30.000 traités reproduits dans leur langue d'origine, avec des traductions en anglais et en français, si nécessaire.

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Book SynopsisThe UNECE Standard on Public-Private Partnerships/Concession Legal Framework in support of the SDGs and its accompanying guide establishes the legal framework for Public-Private Partnerships for the Sustainable Development Goals (PPPs for the SDGs) and the contracts that give effect to them in member States, including the rules and procedures governing their selection, preparation, appraisal, procurement and implementation, the contractual principles and institutional arrangements applicable to them, and assist in the orderly and coordinated delivery of PPPs

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Book SynopsisThis publication contains summaries of the judgments, advisory opinions and orders of a substantive nature issued by the International Court of Justice, the principal judicial organ of the United Nations, from 1 January 2018 to 31 December 2022. It is the continuation of six earlier volumes on the same subject (ST/LEG/SER.F/1 and Addenda 1, 2, 3, 5 and 6), which covered the periods 1948-1991, 1992-1996, 1997-2002, 2003-2007, 2008-2012 and 2013-2017, respectively. During the period covered by this publication, the Court issued 29 judgments, advisory opinions and orders of a substantive nature. It should be noted that the materials contained herein are summaries prepared by the Registry of the Court, which do not involve the responsibilities of the Court itself

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Book SynopsisThe Yearbook presents the work of the International Court of Justice (ICJ) between 1 August 2018 and 31 July 2019, as well as its organisation and functioning. The publication also includes annexes that relate to the Court's history and practice since 1946, as well as the Practice Directions adopted by the ICJ

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Book SynopsisThis case, entered on the Court's General List on 19 December 1994, under number 95, was the subject of an Advisory Opinion delivered on 8 July 1996. The documents relating to the case include: Volume I. Request for Advisory Opinion; Written Proceedings; Volume II. Oral Statements. A CD-ROM containing the annexes can be found in a sleeve at the end of each volume

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Book SynopsisThis case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements

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Book SynopsisThis case was entered on the Court's General List under number 168 and was the subject of a Judgment delivered on 17 July 2019. The documents relating to the case include the Application instituting proceedings, the written proceedings and oral statements

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Book SynopsisOpposite pages bear duplicate numbering

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Book SynopsisOpposite pages bear duplicate numbering

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Book SynopsisOpposite pages bear duplicate numbering

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Book SynopsisAny legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Râgime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

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Book SynopsisAny legal library would be incomplete without the entire set of this historical reprint of the decisions of the Permanent Court of International Justice. The 15 bound volumes include Judgments from 1923-1930 (Series A), Advisory Opinions from 1923-1930 (Series B) and Judgments, Orders and Advisory Opinions from 1931-1940 (Series A/B). Volume 7 contains the fourth Advisory Opinions of Access to German Minority Schools in Upper Silesia; Customs Râgime between Germany and Austria; Railway Traffic between Lithuania and Poland and Access to, or Anchorage in, the Port of Danzig, of Polish War Vessels

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