When the European Court of Justice and the Court of First Instance drafts its own procedural rules, and when it makes decisions on procedural matters, it turns to the highly regarded Lasok's European Court Practice and Procedure for confirmation and guidance. Fully revised and updated the fourth edition: 1. Explains the implications of Brexit and the residual jurisdiction of the ECJ in relation to the UK under the Withdrawal Agreement. 2. Takes account of and provide in-depth analysis of all case law since the previous edition. 3. Provides guidance on the new General Court Rules of Procedure. 4. Provides new commentary on the Judges and Advocates General caused by Brexit and the current ongoing litigation concerning Advocate General Sharpston. 5. Includes additional commentary on the confidentiality regime for cases raising security concerns. Written by the internationally acknowledged expert in this area of law Lasok's European Court Practice and Procedure is the leading and must have work for anyone preparing a case to be heard before the European Court of Justice.

The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields.
It is written in honor of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field.

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Center for the Settlement of Investment Disputes (ICSID). This book provides the reader with concise summaries of the facts and holdings of ICSID Tribunals in the years 2003-2007. Extensive cross-references and footnotes allow the reader to find other awards confirming or rejecting certain holdings, and analytical chapters explain the development of the jurisprudence. Since the average length of an ICSID award exceeds 100 pages, and nearly 20 new decisions and awards are published each year, this book is an indispensable tool for the busy practitioner or academic who needs to be informed about the development of the law.

The London Court of Arbitration (LCIA) is one of the world's foremost arbitration institutions, with a growing annual caseload. The LCIA Arbitration Rules are among the most modern and forward-looking of the various sets of institutional arbitration rules but until now have not been the subject of in-depth study. This is the first full length and comprehensive commentary on the rules, written by two well-known and experienced arbitration practitioners. Portable and functional, this book acts as a guide and provides an indispensable resource for all involved in international arbitration under the LCIA rules.
Grouped thematically, the commentary to each rule provides 1) a description of the rule and its intended meaning 2) the provenance and history of the rule 3) the practical effect of the rule with reference to previous case law and jurisprudence and 4) a comparative look at conceptual and practical differences between each rule. Focusing specifically on how the rules of the LCIA differ from those of the ICC and the UNCITRAL, this title emphasizes the international nature of the LCIA and provides the only dedicated reference to the Rules.

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to better reflect the values and interests of a wider range of actors, including the individual.
This volume provides the first comprehensive examination of the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility and diplomatic protection. The authors trace the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
The book contains work carried out by the Committee on International Law and Practice of the International Law Association (ILA) over a period of four years, incluing the Committee's Final Report on the Impact of International Human Rights Law on General International Law and in-depth contributions by Committee members on key areas of international law.

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunals impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTYs Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-a-vis core crimes.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Detainee Treatment, Interrogation and Extraordinary Rendition in the War Against Terrorists leads researchers through the legal background to the headline-grabbing issue of coercive interrogation. The centerpiece of the volume is the section on the Yoo memo, a document prepared by the Bush Administration to lay the supposedly legal foundation for torturing detainees suspected of terrorism. While many press reports have discussed and partially quoted the memorandum, this volume constitutes the first publication of both the memo's full text and expert commentary thereof. General Editor Douglas Lovelace also equips readers with the background treaties and statutes necessary to understand the issue (the U.N. Convention Against Torture, the McCain Amendment to the Detainee Treatment Act of 2005, etc.), and he in turn makes those laws more comprehensible with his own thought-provoking analysis of them. Now that the question of torture's legality has become such a prominent topic in law school classrooms and in the halls of Congress, both students and policymakers will find a uniquely comprehensive and accessible resource for their queries in Volume 95 of Terrorism.

The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. The Columbia Program on International Investment, a joint undertaking of Columbia Law School and the Earth Institute, has taken on the challenge of the international investment law system and in April 2006 held its first symposium, "Coherence and Consistency in International Investment Law." Appeals Mechanism in International Investment Disputes is one important result: It compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.

The Tokyo International Military Tribunal (IMT) is not frequently discussed in the literature on international criminal law, and it is often thought that it was little more (and possibly less) than a footnote to the Nuremberg proceedings. This work seeks to dispel this widely-held belief, by showing the way in which the Tokyo IMT was both similar and different to its Nuremberg counterpart, the extent to which the critiques of the Tokyo IMT have purchase, and the Tribunal's contemporary relevance. The book also shows how the IMT needs to be treated, not just as one overarching entity, but also as being made up of different sets of people, who made up the prosecution, the defense and the judges. These different groups disagreed with each other, at times over the way in which the trial should proceed, and the book shows how each had an impact on the proceedings.
The book is a comprehensive legal analysis of the Tokyo IMT, covering its law, theory, practice and the lessons it may teach to those prosecuting and defending international crimes today. It also places the trial in its political and historical context. The work is based in part of extensive archival research undertaken by the authors, which has unearthed large quantities of documents that have previously been ignored by those who have studied the Tribunal.

The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none.
In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice.
In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal.
CONTRIBUTORS INCLUDE:
Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal
David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal
Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal
Mark R. Joelson, Law Office of Mark R. Joelson
Lucinda A. Low, Steptoe & Johnson
Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State
Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal
Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal
Jeffrey F. Pryce, Steptoe & Johnson

This companion to Transnational Commercial Law: Text, Cases and Materials contains up-to-date primary materials for students without linking commentary. This compilation of instruments covers areas such as treaty law, contracts, electronic commerce, international sales, agency and distribution, international credit transfers and bank payment undertakings, international secured transactions, cross-border insolvency, securities settlement and securities collateral, conflict of laws, civil procedure, and commercial arbitration

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.

This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.

This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary - judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics - and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).

Criminal law, according to George Fletcher, has become localized law in the sense that each country and, within the USA, each state has adopted its own set of criminal codes, conceptions of punishable behaviour, etc. In this book, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues. He introduced and sets out the twelve concepts that shape and guide every system of criminal justice, knowledge of which is essential to understanding the structure of the law and its local and national variations.

International commercial arbitration has undergone fundamental changes in most countries of Latin America in the last decade, especially in the countries of the MERCOSUR and the associated countries. This manual provides practitioners and scholars alike with quick access to and in-depth analysis of the laws of Argentina, Bolivia, Brazil, Chile (including the new law on international commercial arbitration of September 2004), Paraguay, and Uruguay, as well as of the relevant international treaties, such as the MERCOSUR-Agreements of 1998.
The book follows the structure of the UNCITRAL-Model Law, which guarantees easy access to the sometimes complicated national laws. The direct topical comparative analysis provides for a deeper insight than mere country reports. Interviews with nearly 100 judges, lawyers, and scholars assure that the practical reality is well reflected in the analysis. A bilingual annex contains the English translations of all relevant legislation.

This is the only publication to focus on transatlantic disputes involving England and the United States. Despite their common legal heritage, there are fundamental differences between the processes of dispute resolution in each of the two countries. This work elucidates those differences so that those engaged in transatlantic business understand in advance the risks of litigation in the other country. Each chapter is co-written by an English attorney and a United States lawyer, ensuring that legal and practical considerations are addressed from both perspectives.
This essential desktop reference answers such questions as:
. In what circumstances can a party be subject to jurisdiction in England or the United States?
. If a dispute is being litigated in the courts of one country, but evidence is located in another, what are the procedures for obtaining evidence for use in the foreign court?
. How can one enforce a judgment obtained in England in the United States, and vice versa?
. What strategies can a party use in the event of parallel proceedings in both England and the United States?"

This book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. ICJ judgments and provisional measures from the Corfu Channel case in the late 1940s to the Arrest Warrant Case decided in 2002 are examined, with particular focus on state practice.
After explaining the legal bases for the obligation of compliance and the enforcement of ICJ decisions, the author analyses all decisions that gave rise to an obligation of compliance. The analysis is contextual, taking into account the history of the dispute, the underlying political interests, the parties' attitudes towards involvement of the ICJ, and the substance of the applicable law.
This analysis reveals that the compliance record for judgments is generally satisfactory, whereas that for provisional measures is at first sight rather poor. Yet the record for provisional measures must be understood in a more nuanced light. In several cases, the applicant gained at least a certain benefit from the decision even though it was not (or was not fully) implemented. The author examines the reasons for the difference in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.