File Name: fairness in international law and institutions .zip
This book, based on Professor Franck's Hague Academy General Course, offers a critical analysis of the prescriptive norms and institutions of modern international law has the capacity to advance, in practice, the abstract social values shared by the community of persons and states.
One of the main reasons why parties choose arbitration is the principle of finality, that international arbitral awards cannot be appealed on the merits. While the vast majority of national arbitration legislation and the rules of major arbitral institutions provide for the finality of arbitral awards, there are some exceptions to the rule. This article seeks to review the various appeal mechanisms that exist in international arbitration and to assess, both theoretically and practically, their impact on the principle of finality.
In response to the criticism that the International Criminal Court is undemocratic, this article outlines a liberal conception of institutional legitimacy and defends its appropriateness as a moral foundation for the International Criminal Court. In contrast to a communitarian concept of democracy which sees democracy as an expression of the general will , liberals see political legitimacy as stemming from a respect for fundamental human rights. Thus, as long as the International Criminal Court respects the right of the accused to a fair trial, then it is a legitimate institution. Most users should sign in with their email address. If you originally registered with a username please use that to sign in.
This book offers a compelling view of the future of international legal reasoning and legal theory. It offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. Keywords: international legal reasoning , legal theory , abstract social values , international law. Forgot password? Don't have an account?
Choice an original and groundbreaking source of international legal scholarship This thorough, scholarly treatise is bound to become a standard Highly recommended for graduate students and faculty. International Affairs this work provides a vision for the future development of international law and institutions and ends with a challenge to both scholars and practitioners to take up the issue of fairness in the law actively. The Cambridge Law Journal
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Fairness in International Law and Institutions by. Thomas M. Franck. Synopsis. This new book by one of the most distinguished scholars of his generation offers.
Good Governance and the Rule of Law. Executive Order No. The rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
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Ife and Ph. The financial assistance of the NRF towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF.
These innovations constitute a unicum in the field of international criminal justice. At a micro-level, they bring about a shift in the modalities through which the judges of the Mechanism shall exercise the judicial function in respect of their colleagues at the ad hoc Tribunals. At a macro-level, they provide an opportunity to reflect on the kind of judicial institutions that should be devised in future in order to combat impunity in a fair and efficient manner. Despite the name assigned to it, the Mechanism is — in essence and scope — a new international criminal tribunal. A related question is whether the Mechanism shall be able to deliver a degree of justice in terms of procedural and substantive fairness that is comparable, or at least not inferior, to that the accused would have received if prosecuted before the ad hoc Tribunals. A disparity of treatment penalizing the accused before the Mechanism would be hard to justify from a legal and a moral perspective.
Don't have an account? The gap between developed and developing countries is so central an element of the fairness problematic that it must be addressed not only in terms of state-to-state action but also in terms of interaction between private investors in developed economies and the governments of states which receive overseas investment. One need not be an economist to be able to predict that investment by rich developed economies in poor underdeveloped ones is likely to give rise to social and political tensions capable of vitiating any potential economic benefits. This chapter examines fairness in international investment law, focusing first on the international law of foreign investment, stability and change in fairness disclosure, and the nature of an investment agreement. Bilateral and multilateral treaties in the fairness disclosure are also discussed, along with human rights treaties and investment fairness, duty and measure of compensation for taking, and the taking of aliens' property that may be unlawful per se in customary international law.
Amini, A. International Law Review , 27 42 ,
Symposium on Thomas M. The publication of these essays marks the culmination of the first program of work of the Committee on Theory and International Law of the International Law Association British Branch. Franck responds to his critics by rejecting claims of cultural relativism and calling for a celebration of the growing international consensus around decent aspirational values, such as the sanctity of life, right to democracy, participation in governance, freedom of religion and expression, the right to a decent standard of living, and the inherently equal worth of all persons. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.
Празднично одетые испанцы выходили из дверей и ворот на улицу, оживленно разговаривая и смеясь. Халохот, спустившись вниз по улочке, смачно выругался. Сначала от Беккера его отделяла лишь одна супружеская пара, и он надеялся, что они куда-нибудь свернут. Но колокольный звон растекался по улочке, призывая людей выйти из своих домов. Появилась вторая пара, с детьми, и шумно приветствовала соседей.
Все зависит от того, что ударило в голову автору.