Legal systems: courts and procedures Books

Book SynopsisWhile the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.

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Book SynopsisThe creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.Trade Review"Shetreet and Forsyth’s collection makes a significant contribution to the comparative literature on judicial independence and is a worthy successor to the 1985 book. (...) Shetreet and Forsyth’s book is a tremendous resource for a wide audience of lawyers and scholars (...)." Lorne Neudorf, The Modern Law Review 2013, 76(1), 178–190.Table of ContentsTable of Contributors; Table of Cases; Table of Legislation; Preface - Prof. Shimon Shetreet Preface - Prof. Christopher Forsyth; Chapter 1 General Introduction Part 1 - The Significance of the Independence of the Judiciary Chapter 2 Prof. Shimon Shetreet Creating a Culture of Judicial Independence: The Practical Challenge and the Conceptual and Constitutional Infrastructure Chapter 3 Prof. Christopher Forsyth The Failure of Institutions: The South African Judicial Service Commission and the Hlophe Saga Chapter 4 Prof. Marcel Storme Independence of the Judiciary: The European Perspective Chapter 5 Prof. Neil Andrews A Fresh Start: The Four Pillars of Civil Justice Part 2 - The Judiciary and the Other branches of Government Chapter 6 Prof. Carlo Guarnieri and Prof. Daniela Piana Judicial Independence and the Rule of Law: Exploring the European Experience Chapter 7 Late Prof. Stephan Goldstein The Rule of Law vs. the Rule of Judges: a Brandesian Solution Chapter 8 Dato' Dr. Cyrus Das The Threats to Judicial Independence: Experiences from the Commonwealth Chapter 9 Prof. Hiram E. Chodosh Corruption and Judicial Independence Chapter 10 Prof. Wayne McCormack Judiciary, Military, and Harshness of Violence Chapter 11 Prof. Maimon Schwarzschild Common Law, Private Law, and Judicial Independence Part 3 - Judicial Independence in International Law and National Law Chapter 12 Prof. James Crawford and Mr. Joe McIntyre The Independence and Impartiality of the 'International Judiciary' Chapter 13 Prof. David Feldman The Independence of International Judges in National Courts: Lessons from Bosnia Herzegovina Chapter 14 Prof. Dr. Walter Rechberger The Impact of the ECHR Jurisprudence on the Austrian Practice in the Field of Judicial Independence Chapter 15 Adv. H.E. Markus Buechel The Independence of International Arbitrators Chapter 16 Prof. Yuval Shany Judicial Independence as an Indicator of International Court Effectiveness: A goal-based approach Chapter 17 Prof. Michael Bohlander Separation of Powers and the International Judiciary - A Vision of Institutional Judicial Independence in International Law Part 4 - Judicial Conduct and Judicial Accountability Chapter 18 The Hon. Prof. Irwin Cotler, M.P. The Supreme Court of Canada Appointment Process: Chronology, Context and Reform Chapter 19 Prof. Dr. hab. Fryderyk Zoll Appointment of Judges in Polish Law - A Question of the Legitimacy and of the Judicial Power Chapter 20 Justice Eliezer Rivlin The Judiciary and the Media Chapter 21 Daniela Cavallini Independence and Judicial Discipline: the Italian Code of Judicial Conduct. Chapter 22 Prof. Sir Louis Blom-Cooper, QCThe Age of Judicial Responsibility: the Retirement and Resignation of Appellate Court Judges Chapter 23 Prof. Anton Cooray Standards of Judicial Behavior and the Impact of Codes of Conduct Part 5 - Country Studies of Judicial Independence Chapter 24 Prof. Neil Andrews Judicial Independence: The British Experience Chapter 25 Prof. Chandra R. de Silva A Recent Challenge to Judicial Independence in Sri Lanka: The Issue of the Constitutional Challenge Chapter 26 Prof. Hoong Phun ('HP') Lee Challenges of Judicial Independence: An Australian Perspective Chapter 27 Prof. Avrom Sherr Shrinking Legal Aid, Unrepresented Litigants and Judicial Independence Chapter 28 Dr. Sophie Turrene The Northern Irish Judiciary in Times of Crisis: The Diplock Courts Chapter 29 Justice Tassaduq Hussain Jillani The Challenge of Judicial Independence and the Experience of Pakistan Chapter 30 Prof. Ada Pellegrini Grivoner The Relevance for Brazil of International Standards of Judicial Independence Chapter 31 Prof. Chandra R. de Silva The Role of Law in Society in Developing Countries Chapter 32 K. K. Venugopal The Supreme Court and Supremacy of the Judiciary in India Part 6 - International Standards in the Making Chapter 33 Prof. Shimon Shetreet The Mt. Scopus International Standards of Judicial Independence: The Innovative Concepts and the Formulation of a Consensus in a Legal Culture of Diversity Part 7 - Text of the International Standards of Judicial Independence Appendix I - Mount Scopus International Standards of Judicial Independence (2008); Appendix II - Draft Standards of the Mt. Scopus standards of Judicial Independence; Appendix III - IBA Code of Minimum Standards of Judicial Independence (1982); Appendix IV - UN Basic Principles on the Independence of the Judiciary (1985); Appendix V - Commonwealth (Latimer House) Principles on the Three Branches of Government (2003); Appendix VI - Tokyo Principles of the Independence of the Judiciary in the LAWASIA region (1982); Appendix VII - Universal Declaration on the Independence of Justice (Montreal 1983); Index.

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Book SynopsisSatellite technologies are rapidly improving, offering increased opportunities for monitoring laws, and using images as evidence in court. Evidence from Earth Observation Satellites analyses whether data from satellite technologies can be a legally reliable, effective evidential tool in contemporary legal systems. This unique interdisciplinary volume brings together leading experts from academia, government, international institutions, industry and judiciary to consider many emerging issues surrounding the use of these technologies in legal strategies. Issues examined include the opportunities arising from technological developments, existing regulatory applications and operational experiences, and admissibility in courts and tools for ensuring the integrity of evidence. It also examines privacy impacts under existing legislation and provides a new conceptual framework for debating the acceptability of such surveillance methods.Trade Review"The text is not simply a formalistic treatment of the subject matter; it is rather a discussion on what is the state of the art and what could be the legal future for these applications. Therefore, the editors and the authors should be commended for their contribution to our collective understanding of the emerging legal issues surrounding the use of satellite data from earth observation." Sergio Marchisio, ECSL News No. 40, March 2014, p. 13. "This is a superb book, written with exceptional clarity by a stellarcast of authors from diverse disciplines. It will be useful to graduatestudents of Earth Observation Science, Policy Science and Law andto advanced scholars in all these fields. I can only hope that a bookwith similar breadth, depth and multi-disciplinarity will be writtenfor the use of EO data in the other stages of the policy cycle." Yola Georgiadou, International Journal of Applied Earth Observation and Geoinformation, 26 (2014) pp. 427–428.Table of ContentsAcknowledgements; Contributors’ Biographies; List of Abbreviations; List of Figures and Tables; Foreword Tanja Masson-Zwaan; Introduction Ray Purdy and Denise Leung; Part One: The Scientific, Technological and Policy Context 1. Technical Introduction to Satellite EO Shaida Johnston; 2. Science, Policy and Evidence in EO Ray Harris; Part Two: The Use of EO Data at National Level 3. The Use of Satellite Imagery in Environmental Crimes Prosecutions in The United States: A Developing Area Kris Dighe, Todd Mikolop, Raymond W. Mushal and David O’Connell; 4. The Use of EO Data as Evidence in the Courts of Singapore Gérardine Goh Escolar; 5. Ten Years of Using Earth Observation Data in Support of Queensland’s Vegetation Management Framework Bruce Goulevitch; 6. EO in the European Union: Legal Considerations Sa’id Mosteshar; 7. Satellite Data as Evidence in the Courts of Taiwan Dennis Tsai; Part Three: The Use of EO Data at International Level 8. Satellite Evidence in International Institutions Maureen Williams; 9. The Use of EO Technologies in Court by the Office of the Prosecutor of the International Criminal Court Eya David Macauley; Part Four: Privacy and Copyright Impacts 10. Outer Space Law Principles and Privacy Frans Von Der Dunk; 11. Privacy and EO: An Overview of Legal Issues George Cho; 12. The Impact of Copyright Protection and Public Sector Information Regulations on the Availability of Remote Sensing Data Catherine Doldirina; Part Five: EO Data in the Courtroom: Judicial Perspectives 13. The Use of Remote Sensing Evidence at Trial in he United States – One State Court Judge’s Observations Merideth Wright; 14. Satellite Images as Evidence for Environmental Crime in Europe: A Judge’s Perspective Carole M. Billiet; Part Six: Trust in and Transparency of EO Data 15. Authentication of Images Alan Shipman; 16. Introducing Digital Signatures and Time-Stamps in the EO Data Processing Chain Willibald Croi, Fréderic Foeteler and Harold Linke; Pulling the Threads Together and Moving Forward Ray Purdy; Selected Bibliography; Index.

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Book SynopsisIn recent decades the history of premodern states and empires has undergone major revision. At the heart of this process stood the court, encompassing the household as well as government institutions. This volume for the first time brings together the fruits of research on royal courts from antiquity to the modern world, from Asia to Europe. The authors are acknowledged specialists in their own fields, but they address themes relevant for all courts: the inner and outer dimensions of court architecture as well as staff organizations; the connections between court, capital, and realm; the relationship of the ruler with relatives and other elites. This volume pioneers comparative history combining a rich empirical orientation with a critical assessment of theoretical perspectives. This title is available online in its entirety in Open Access Contributors: Tülay Artan, Gojko Barjamovic, Peter Fibiger Bang, Jeroen Duindam, Sabine Dabringhaus, Nadia Maria El Cheikh, Ebba Koch, Metin Kunt, Paul Magdalino, Rosamond McKitterick, Ruth Macrides, Rolf Strootman, Isenbike Togan, Maria Antonietta Visceglia, and Andrew Wallace-Hadrill.Table of ContentsAcknowledgements List of figures Royal Courts in Dynastic States and Empires, Jeroen Duindam FROM ASSYRIA TO ROME Pride, Pomp and Circumstance: Palace, Court and Household in Assyria 879 – 612 BCE, Gojko Barjamovic Hellenistic Court Society: The Seleukid Imperial Court under Antiochos the Great, 223-187 BCE, Rolf Strootman The Roman Imperial Court: Seen and Unseen in the Performance of Power, Andrew Wallace-Hadrill Court and State in the Roman Empire – Domestication and Tradition in Comparative Perspective, Peter Fibiger Bang SUCCESSORS AND PARALLELS IN EAST AND WEST Court and Capital in Byzantium, Paul Magdalino A King on the Move: The Place of an Itinerant Court in Charlemagne’s Government, Rosamond McKitterick Court Historiography in Early Tang China: Assigning a Place to History and Historians at the Palace, Isenbike Togan To be a Prince in the Fourth/Tenth-Century Abbasid Court, Nadia Maria El Cheikh Ceremonies and the City: The Court in Fourteenth-Century Constantinople, Ruth Macrides THE EARLY MODERN WORLD The Pope’s Household and Court in the Early Modern Age, Maria Antonietta Visceglia The Monarch and Inner-Outer Court Dualism in Late Imperial China, Sabine Dabringhaus Turks in the Ottoman Imperial Palace, İ. Metin Kunt The Mughal Audience Hall: A Solomonic Revival of Persepolis in Form of a Mosque, Ebba Koch Royal Weddings and the Grand Vezirate: Institutional and Symbolic Change in the Early Eighteenth Century, Tülay Artan Versailles, Vienna, and Beyond: Changing Views of Household and Government in Early Modern Europe, Jeroen Duindam List of Contributors Index

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Book SynopsisThe 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. TheveninTable of ContentsContents Contributors List of Abbreviations Acronyms Keynote Presentation So is there Anything Really Wrong with International arbitration as we Know It? Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration Nationality Planning by Christoph Schreuer Conflict and Conflicts in Investment Treaty Arbitration: Ethical Standards for Counsel by Philippe Sands Some Thoughts on Applicable Law and Interpretation by Sam Wordsworth Document Disclosure in Investment Arbitration by Barton Legum and Gauthier Vannieuwenhuyse The Mis-Apprehension of Moral Damages in Investor-State Arbitration by Jarrod Wong Provisional Measures in the ICJ and ICSID: Further Dialogue and Development by Donald Francis Donovan Part II: Arbitration of International Financial Disputes Complex International Financial Disputes-Is Arbitration the Answer by Kenneth M. Kramer ABACLAT: An Aberration? by Mark Kantor Capturing the Benefits of Arbitration for Cross Border Insolvency Disputes by Edna Sussman and Jennifer L. Gorskie   Part III: Arbitration of International Construction Disputes In Search of an Exemplary International Construction Arbitration by C. Mark Baker and Lucy Greenwood How to Make a Project Come Alive for a Tribunal: The Use of Demonstrative Evidence in International Construction Arbitration by Louis B. Kimmelman and Suyash Paliwal Public Policy and International Construction Arbitration by C. Ryan Reetz Fast-Track International Construction Arbitrations by John W. Hinchey The Emergency Arbitrator in International Construction Arbitration by Barbara Helene Steindl Part IV: Arbitration in Asia Arbitration with Chinese Characteristics (有中国特色的仲裁) by Jessica Fei and Damien McDonald Issues on Challenge to Arbitrators in Taiwan by Remington Huang Singapore: The Hub of Arbitration in Asia by Michael Pryles Prescription and Relief: Is it a matter of Choice? by Lawrence Boo Part V: Mediation Modifying the Mediation Model by Chris Newmark Med-Arb/Arb-Med: A More Efficient ADR Process or an Invitation to a Potential Ethical Disaster by Donna Ross Caucusing and the Cross-Cultural Divide by Nancy M. Thevenin

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Book SynopsisReligious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.Table of ContentsReligious Courts in the Jurisprudence of the European Court of Human Rights  Michał Rynkowski  Abstract  Keywords  1 Introduction  2 Religious Courts: Their Structures and Their Legal Standing  3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts  4 Relations between Religious Courts and State Courts in Strasbourg Case-Law  5 Conclusions and Outlook  Bibliography

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Book SynopsisThe International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals’ assets. Regardless of their duration, such measures necessarily infringe upon the targets’ rights. Yet, the longer assets are frozen, the more acute these infringements can become. ICC-requested asset freezes can endure from the issuance of an arrest warrant until the accused is acquitted or convicted, whereas UNSC ordered measures continue until international peace and security is restored. Asset freezes executed at the behest of the ICC and the UNSC are therefore rarely short in duration. The focus of this book rests on the two bodies’ exercise of their asset freezing powers, with a particular emphasis on the legal protections available to the individuals at the receiving end of the procedures with which the ICC and the UNSC are equipped. This book will be of interest to practitioners, academics, government officials, members of civil society, and postgraduate students with an interest in public international law, especially international criminal justice and international human rights law.Table of ContentsTable of Instruments; Table of Cases; 1 Introduction; 2 Asset Freezing: Theory, Objects and Purposes; 3 Coexistent but Uncoordinated – Asset Freezing Measures at the ICC and the UNSC; 4 Recovering Assets at ICTs – Fines, Forfeiture and Orders for Reparations; 5 Pre-Trial ‘Protective Measures for the Purpose of Forfeiture’ at the ICC – Protecting and Balancing Competing Rights and Interests; 6 UNSC-Requested Asset Freezes and the Legal Protection of Individuals; 7 Asset Freezing at the European and Inter-American Courts of Human Rights – Lessons for the ICC, the UNSC and States; 8 Managing the Frozen Assets of Accused Persons at the ICC – The Fallout of the Bemba Acquittal; 9 Conclusion; Summary; Samenvatting; Bibliography

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Book SynopsisMichael C. LeMay, PhD, is Professor Emeritus of Political Science at California State University-San Bernardino, USA.

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Book SynopsisWhy do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.

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