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2 produkter
2 produkter
3 019 kr
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Mass Claims Processes have become increasingly important phenomena in international dispute resolution. This is the first book to provide comprehensive information for a systematic comparison and analysis of the legal issues and practical matters involved in their establishment and operation.This book considers eleven of the highest profile modern Mass Claims tribunals and commissions created to redress large-scale losses. These include Processes resolving claims arising from the Iranian Revolution, Iraq's invasion of Kuwait, the Holocaust, and conflicts in the Former Yugoslavia and between Eritrea and Ethiopia.The book identifies and focuses on forty-seven basic issues that experience shows typically arise with respect to international Mass Claims Processes, offering descriptions and commentary on the ways in which the various Processes have approached each issue. Much of the information gathered in this book is not publicly available elsewhere and is based on the knowledge and experience of the 25 members of the Permanent Court of Arbitration's Steering Committee on Mass Claims Processes, experts who have either served on the Processes or otherwise been directly engaged in their activities.This book should be useful to all scholars and practitioners interested in international dispute settlement as well as to those involved with new or existing Mass Claims Processes. Moreover, it may lead to recognition that certain aspects of Mass Claims Processes might have lessons for other procedures for resolution of complex commercial or diplomatic disputes.
Del 9 - Series on Transitional Justice
International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States
Inbunden, Engelska, 2012
1 046 kr
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States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda).Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.