(DOWNLOAD) "Fragmentation of International Law: The Judicial Perspective" by Agenda Internacional " Book PDF Kindle ePub Free
eBook details
- Title: Fragmentation of International Law: The Judicial Perspective
- Author : Agenda Internacional
- Release Date : January 01, 2009
- Genre: Politics & Current Events,Books,
- Pages : * pages
- Size : 185 KB
Description
Contents: I. Fragmentation as a concern.--1. The debate on fragmentation of international law.--2. Self-contained regimes as a threat to the unity of international law.--3. Proliferation of international courts and tribunals as a threat to the unity of international law.--4. Real or theoretical concerns?--II. Fragmentation as diversity in a diverse world.--5. The changing atmosphere of the debate: a) self-contained regimes.--6. b) Conflicting interpretations and constructive dialogue between courts and tribunals.--7. Fragmentation as a description of a pluralistic world.--III. The approach of the International Law Commission.--8. Consideration of substantive problems only, on the basis of the law of treaties.--9. The Conclusions adopted.--10. Exclusion of institutional, including judicial, aspects.--IV. The judicial perspective as an essential point of view.--11. The autonomy of each international court and tribunal.--12. Avoidance of concurrent jurisdiction through provisions on openness or exclusivity of a court or tribunal's jurisdiction.--13. Broadening of applicable law and the mitigation of the problems arising under compromissory clauses.--V. The impact of compromissory clauses on the unity of disputes--14. Real dispute or dispute as defined by the treaty to which the compromissory clause refers?--15. Illustrations: the Southern Bluefin Tuna and the Swordfish cases.--VI. General concepts and techniques judges may resort to in order to avoid conflicts of jurisdiction.--16. Comity, res judicata, lispendens etc. from the perspective of specific adjudicating bodies and as possible general rules or principles of international procedural law--17. General concepts as matters of judicial propriety or of practical expediency.--VII. The consideration of the decisions of other international courts and tribunals for the avoidance of conflicts of jurisprudence.--18. The changing trend and the criteria set out in the ICJ's 2007 judgment on the genocide case. I. Fragmentation as a concern
 "Fragmentation of International Law: The Judicial Perspective" by Agenda Internacional " Book PDF Kindle ePub Free){kind=link}