Sökning: "Domestic courts"
Visar resultat 1 - 5 av 8 avhandlingar innehållade orden Domestic courts.
1. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making
Sammanfattning : The present research investigates the formative processes of international criminal law through the iterative citation of judicial decisions in adjudicatory practices. Given the centrality of the judge in the adjudication of international criminal law, this study is underpinned by a legal realist approach to international law informed by the work of Alf Ross (Scandinavian Legal Realism) and Gregory Shaffer (New Legal Realism), according to which the meaning of legal rules and principles is not autonomous from how they are empirically practiced and interpreted by courts. LÄS MER
2. The Use of “non-ICSID” Arbitration Rules in Investment Treaty Disputes : Domestic Courts, Commercial Arbitration Institutions and Arbitral Tribunal Jurisdiction
Sammanfattning : This book studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction in investment treaty disputes. Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration and rules originally drafted for commercial arbitration. LÄS MER
3. European Convention on Human Rights in Latvia: Impact on legal doctrine and application of legal norms
Sammanfattning : Latvia offers an excellent point of departure for evaluating the influence of international human rights law through the European Convention on Human Rights on a sovereign state that has established itself as a democratic political system in the decline of the 20th century. This book explores the impact of the Convention on the domestic implementation of human rights provisions by studying the case law of the Constitutional Court and the Supreme Court, including the doctrinal concepts applied by these courts. LÄS MER
4. Arguments for Access to Justice : Supra-individual Environmental Claims Before Administrative Courts
Sammanfattning : In the early 19th century, in the wake of industrialisation, complaints from people affected by pollution were considered a threat to industrial expansion and economic growth. Today, the right of access to justice is increasingly considered a legal vehicle for enhancing environmental protection. LÄS MER
5. EU-domstolens restriktionsprövning i mål om de grundläggande friheterna och direkta skatter
Sammanfattning : In close to two hundred cases, the Court of Justice of the European Union has faced questions concering whether Member States’ substantive direct tax rules are compatible with the fundamental freedoms found in the Treaty on the Functioning of the European Union. Rules that constitute a restriction on the freedoms can still be compatible with them, but only in case they are justified based on a legitimate objective recognised by the Court. LÄS MER