Why would the EU itself be able to decide exceptions to the principle of legal autonomy, which all countries that accept the jurisdiction of
international tribunals do?
In essence, the students learn how to litigate a case in front of
an international tribunal doing what an attorney does in real life.
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.»
No, if he
does so, he would be a war criminal on
international scale who could be tried in another country or by a special
international tribunal.
This deference is present whether the board in question is a «statutory» or a private
tribunal (on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v.
International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re
International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based on the idea that if the courts are available to the parties as an alternative forum, violence is
done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations setting.
Chapter 4 turns to the impact of the somewhat «isolationist» approach found in the Court's case law on
international law; it
does so by scrutinizing the relationship of the CJEU with a number of other
international courts and
tribunals, recalling for this purpose in particular the MOX plant controversy and the legal controversy surrounding the creation of the European Economic Area and the EFTA Court.
Yet it is difficult for any court and much more difficult for an
international tribunal — which unlike the national court
does not have a natural constituency to spring to its defence — to counter accusations of political maneuvering, or even to stand up for itself generally.
Does it prevent Appellant from being tried - and having an equally fair trial (see Statute of the
International Tribunal, art. 21)- before an internatio
International Tribunal, art. 21)- before an
internationalinternational tribunal?
Orrick's Paris
International Arbitration team has obtained a key victory for the Republic of Guinea in a USD 91 million ICSID arbitration against Société Civile Immobilière de Gaëta, after the
tribunal found that it
did not have jurisdiction to hear the case.
Alter and Helfer
do in fact acknowledge that
international courts in developing countries «deploy strategies that diverge from those of European
tribunals in response to the distinctive legal and political contexts that these emerging courts face.»
Russia argued that the «[Ukraine - Russia BIT] can not serve as a basis for composing an arbitral
tribunal to settle [the Claimants» claims]», and that it «
does not recognize the jurisdiction of an
international arbitral
tribunal at the [PCA]».
A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that
does not provide impartial
tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the
International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court
did not have personal jurisdiction over the defendant; or the foreign court
did not have jurisdiction over the subject matter.