Not exact matches
«It's a fight we don't want to have, though, because while these fights can drag on in
international trade
tribunals for years it really puts the pinch on smaller producers... In the short term, what I'm
most interested in is protecting the ability of Nova Scotia forestry producers to continue to work without being subject to an unfair duty at the border.»
Patterned after the Nuremberg trials of Nazi war criminals and then the
international tribunals created for Rwanda and Yugoslavia earlier in the 1990s, it is the
most ambitious expression of the
international community's answer to the questions yielded by massive past injustices.
It is, at least, apparent that the debates about humanitarian intervention by military force in the last decade, about the creation of
international criminal
tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes against humanity,» about how far the global war on terror may proceed without violating the rights of states, and
most recently, about the United - States - led use of force against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary
international law, and that in every one of these cases the outcome remains unsettled.
International law involving disputes between sovereign states, unlike
most kinds of law, isn't something that gets resolved definitively by a
tribunal in
most cases.
The
most interesting point about these wide divergences between different
Tribunals on rather fundamental points of EU and
international law is how little they seem to matter.
In my research on general principles of law in the decisions of
international criminal
tribunals, I've found that the domestic legal systems that are
most frequently invoked by the
tribunals are, by far, those of Western Europe (in particular those of Germany, France, and England and Wales).
Some lawyers certainly get the chance to appear before
international tribunals, however this is clearly unique and not something
most lawyers will experience.
Most importantly, Chevron can return to the ad hoc
tribunal of three
international arbitrators hearing its claims against Ecuador, which are grounded in the U.S. - Ecuador investment treaty and customary
international law under the supervision of the Permanent Court of Arbitration in The Hague.
Investor - State Arbitration examines the
international treaties that give investors a right to arbitration of claims, the
most - commonly employed arbitration rules, and the
most important elements of investor - state arbitration procedure including
tribunal composition, jurisdiction, evidence, award, and challenge of annulment.
Most bilateral investment treaties concluded between the Chinese and OBOR governments allow an investor to bring investment claims against the host country before an
international arbitral
tribunal constituted under the UNCITRAL Arbitration Rules (the UNCITRAL Rules).
He also identifies what he terms «blind spots» of the existing mechanisms for settlement of
international disputes by adjudication, the
most notable of which are the ineffectiveness of
international courts and
tribunals in the context of disputes relating to the use of force and the fight against terrorism, and the continuing difficulties in enforcing judgments and awards of
international courts and
tribunals (pp 83 — 86).
I conclude by arguing for a more empirically - grounded approach to the study of
international courts and
tribunals, an approach that includes paying greater attention to the distinctive characteristics of the many regional and sub-regional courts outside of Europe whose increasing activity has been ignored by
most scholars.