The assignment will be focusing on International court of justice acts that helped in development of international law directly or indirectly. International law itself is weak law because of heterogenic nature of state’s laws. Few of them overlap each other few of them don’t. International...

Although investor-state arbitration is often considered to be a self-contained regime, arbitral tribunals have been relying on the jurisprudence of international courts and other tribunals in the reasoning of their awards. Recent citation analyses have shown that references to precedents of the...

Iran has been an active middle power that has engaged with the International Court of Justice in cases involving Iran’s adversaries at critical points in its history. This engagement has spanned a period of almost 70 years and encompassed Iran’s 1953 coup d’état, the 1978 Iranian...

The World Trade Organization (WTO) dispute settlement system, established in 1995, is the youngest of the systems of international adjudication discussed in this book. In spite of its successful functioning over the past 25 years, it is today, however, also a system in crisis, due to the demise...

On September 2, 2020, US Foreign Minister Mike Pompeo announced United States sanctions of ICC officials and its prosecutor Ms. Fatou Bensouda. Based on this sanction, their possible assets in the US will be frozen, and access to the American financial system is barred. The reason for this...

This Chapter briefly explores the efforts that led to the establishment of the International Criminal Court in 1998, outlines the basic structure and operations of the Court as well as its current proceedings, and, finally, elaborate upon some of the challenges it faces as it begins its second...

This paper examines the promise and politics of the International Criminal Court. It analyzes the structural, institutional, and normative deficits of the ICC and argues that it was due to these deficits that the ICC's pursuit of several African high ranking indictees that it was deeply --...

To ensure its continued viability, the International Criminal Court must find “practical” ways to appeal to its African (and global) audience, options that do not require substantial additional funding or revisions to the Rome Statute while remaining true to fundamental principles of...

Jean-Pierre Bemba Gombo and his counsel are currently detained at The Hague, awaiting trial for alleged attempts to bribe witnesses and submit falsified evidence. This article utilizes those proceedings as a starting point for a broader discussion of criminal contempt proceedings brought by the...

Faced with increasingly complex cases, the International Court of Justice has come under criticism for failing to appoint neutral experts to assist the Court under Article 50 of its Statute. After examining the limited use of court-appointed experts by the ICJ and its predecessor, the Permanent...

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional...

This paper examines Hans Kelsen's theory of international adjudication and its political implications in the context of Kelsen's post-war calls for compulsory jurisdiction. It defends Kelsen's position on judicial law-making against claims by scholars such as Hardt and Negri that it amounts to a...

This book review probes Michael Waibel's new book, Sovereign Defaults Before International Courts and Tribunals. Waibel's project is ambitious, exploring international attempts to address sovereign defaults over the past century and a half. Through painstaking and comprehensive historical...

The specificities of the legal and institutional design of the International Criminal Court (ICC) impact on the configuration of procedural fairness as it applies within its legal regime. The content and scope of this principle at the ICC differs from interpretations given to it by the United...

The most significant development towards reparation in recent past was the adoption of the statute of the International Criminal Court. . It not only represents the major milestone in the development of International Law and in the recognition of individual criminal responsibility for...

In international relations applications, theorists employing Principal-Agent (P-A) theory have posited that the fact of delegation defines a relationship between states (collective Principals) and international organizations (Agents) where recontracting threats are the predominate way states...

This chapter grapples with the question of whether the International Criminal Court should be conceptualized as a mechanism of transitional justice. Most schools of thought insist that transitional justice is either an inappropriate or an unrealistic goal for the Court. Some scholars have...

In 2005, the International Criminal Court (ICC) issued warrants for the arrest of Joseph Kony, the leader of Uganda's murderous Lord's Resistance Army (LRA), as well as four other high-level LRA suspects. The warrants proved controversial when the fate of promising peace negotiations appeared to...

Der nachstehende Artikel setzt sich mit der Frage auseinander, wie sich aus deutscher juristischer Sicht die Globalisierung bislang auf die Praxis grenz-überschreitender Transaktionen ausgewirkt hat. Dies soll unter vier zentralen Aspekten untersucht werden: Wer bestimmt das anwendbare Recht...

“What is sovereignty?” If there are questions international legal and political scholars ought to be able to answer, this is certainly one. State sovereignty is arguably the basis of all political and legal international relations. And, yet, what it means remains elusive. As we discuss...

This short note mentions primary costs and benefits of International Criminal Court membership and recalls the US Senate resolutions from the 1970s urging greater use of the International Court of Justice

It is the purpose of this study to explore the legal grounds supporting or constraining the exercise of such function by the ICJ. The study is also intended to show the risks and benefits of the Court’s involvement in the peace building processes. The analysis will start with the establishment...

The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses....

As public debt soars, a new wave of sovereign defaults looms. International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution...

The World Trade Organization (WTO) system of ‘prospective' or ‘forward-looking' remedies is often contrasted negatively with the ‘retrospective' remedy of reparation traditionally granted by international courts. In this article, I argue that prospective remedies must be assessed having in...

The late Thomas Franck postulated that the legitimacy of international norms and institutions rested in large part upon certain important factors, notably whether the norm or institutional process was validated through commonly accepted means, whether it was clearly understood by those upon whom...

Against the background of Japan's long-anticipated implementation of the Rome Statute of the International Criminal Court in 2007, this article analyses the legislative implications of treaty accession. One of the causes of the accession delay in Japan - nearly 10 years passed between the...

Conventional international law contains various limitations on nuclear weapons, such as possession, testing, deployment, use or threat of use. There are a number of general principles of customary nature that could be considered as well with reference to the legality of these weapons of mass...