He has appeared before a wide range
of international tribunals including arbitral tribunals established under bilateral investment treaties, WTO panels and the WTO's Appellate Body.
Professor Ziadé has extensive experience in the administration of international legal proceedings and in the management and development
of international tribunals.
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?
He has also acted before a great variety
of international tribunals, including the International Court of Justice in The Hague.
Rehabilitation here means not that of individual criminals but of entire societies that have suffered war or dictatorship, as when supporters
of international tribunals describe punishment as «overcoming a culture of impunity.»
The charters
of the international tribunals for Yugoslavia and Rwanda and of the ICC speak strongly of deterrence.
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
Now an
international tribunal has also been included, posing more threat to the integrity
of China's maritime and territorial sovereignty,» the Global Times said in a recent editorial.
It may be inevitable that impersonal forces
of technology and changing global economic circumstances have profound effects, but it adds insult to injury when governments reach agreements that further cede control to
international tribunals.
«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.»
Even if
international tribunals, especially the ICC, were to meet with greater success in arresting arch-human-rights violators, deterring future violators, and bolstering the rule
of law, they would remain morally unsatisfying as a response to massive evil.
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.
He provides a clear summary
of international human rights law for the general reader, including a wealth
of detail on the manifold human rights operations
of the UN, on U.S. human rights policies over the years, and on regional human rights
tribunals in Europe and Latin America.
This criterion legitimates the resort to arms after other feasible means
of addressing the injustice in question (such as mediation, negotiation, arbitration or referral to
international tribunals — but not compromise or appeasement) have failed.
It is claimed by some that terrorist attacks are not acts
of war but crimes to be punished by
international tribunals.
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.
Meanwhile, the House Foreign Affairs Committee voted last week to pass two resolutions: one calling for support
of the creation
of an
international war crimes
tribunal to prosecute those involved in Syria, and the other calling the crimes perpetrated by ISIS against Christians and other minorities there «war crimes,» «crimes against humanity,» and «genocide.»
Another way is to increase the power
of international human rights
tribunals.
He is properly indignant at this abandonment
of long - standing commitments: «In two centuries
of national existence no more pusillanimous act was ever contemplated, much less carried forward, by American officials responsible for our relations with
international tribunals.»
When interpreting the Bill
of Rights, a court,
tribunal or forum must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; must consider
international law; and may consider foreign law.
Among them an
international tribunal on violations
of the Charter's rights.
Foreign corporations will now be entitled not only to sue governments in domestic courts, but also to seek legal relief in
international tribunals for alleged violations
of the MAI.
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.
[43] The
tribunal referred their findings to the chief prosecutor at the
International Court
of Justice in The Hague.
He has given evidence in a broad variety
of civil courts and both domestic and
international tribunals on more than 20 occasions over a period
of 30 years as a testifying expert and has sat as an arbitrator, adjudicator or mediator on over 80 occasions.
«From a legal perspective, it's wonderful to have an
international tribunal recognize that environmental damage is a significant component
of armed conflict,» says Carl Bruch
of the Environmental Law Institute in Washington, D.C.
EMBL is forced to pay retroactive pay increases because the administrative
tribunal of the Geneva - based
International Labour Organization (ILO) recently ruled that the lab had violated its own staff guidelines by setting 1995 salaries too low (ScienceNOW, 3 November).
76 Statute
of the
International Criminal
tribunal for the Former Yugoslavia, adopted May 25, 1993 by S / RES / 827 (1993) art. 5 (g).
An
international tribunal of reputable historians and
international lawyers, including equal representatives
of Israel and Palestine, will determine the level
of compensation.
It is therefore not surprising thatOHCHR, after a thorough inquiry, came to the conclusion that the above - mentioned barbaric acts against refugees constituted war crimes, crimes against humanity and possibly crimes
of genocide, subject to confirmation by a competent
international criminal court or
tribunal.34 So far, no charge has been brought forward.
29 Upon the closure
of the ICTR, the ICTR Prosecutor requested referrals to Rwanda in the cases
of six fugitives: Fulgence Kayishema, Charles Sikubwabo, Ladislas Ntaganzwa, Aloys Ndimbati, Charles Ryandikayo, and Pheneas Munyarugarama to be tried by the Mechanism for
International Criminal
Tribunals (MICT).
Fleeting between London and Beirut, the Jordanian artist is fixated with the politics
of sound and its constructs, with his work often entering governmental and legal spheres such as the UK asylum
tribunal and Defence for Children
International.
Among Bolivia's demands are the establishment
of an
international climate justice
tribunal, a global referendum on mitigation strategies, and the ratification
of legal rights for the pachamama.
«I wonder what sentences judges might hand down at future
international criminal
tribunals on those who will be partially but directly responsible for millions
of deaths from starvation, famine, and disease in the decades ahead.»
Renco has sued Peru before an
international investment
tribunal, seeking $ 800 million in damages for the cost
of complying with Peru's environmental and mining laws.
Mark has practised before every level
of Court in England and Wales and has also practised abroad and before
international tribunals and courts.
Several countries are now calling for piracy cases to be prosecuted in the Kenyan port city
of Mombasa; there is even talk
of setting up a special piracy
tribunal there akin to the
International Criminal Court in the Hague.
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.
«Should it ever be determined that there existed an inconsistency between the ECT and EU Law», observed the
Tribunal in RREEF Infrastructure, «the unqualified obligation in public
international law
of any arbitration
tribunal constituted under the ECT would be to apply the former.
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.
First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a claim before an investor - state
tribunal; (b) bringing a claim before a domestic court, based on domestic and / or
international standards
of protection; and (c) private commercial arbitration based on a contract between the investor and the host ‑ State.
Moreover, as the relevant BIT remains in force, and as the contracting states have not taken any other relevant action either, the
tribunal can not work from the premise that Achmea renders the BIT void or inapplicable as a matter
of international law.
The arbitral
tribunal was convened in 2010 pursuant to the terms
of the bilateral investment treaty between Uruguay and Switzerland under the auspices
of the
International Centre for Settlement
of Investment Disputes, in Washington.
This authentic exercise requires students to act as advocates, analyzing and arguing both sides
of a hypothetical legal dispute, using procedures modeled after those employed before real - life
international arbitration
tribunals.
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).
The standard
of proof for showing that the constitution
of the arbitral
tribunal was irregular is high.876 In the words
of one United States court, the burden is «substantial because the public policy in favour
of international arbitration is strong.»
In determining the scope
of a right or obligation,
Tribunals have often looked as a benchmark to
international or comparative standards.
Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the
tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead
of three arbitrators, as expressly required by the rules
of the
International Arbitration Court
of the Belarusian Chamber
of Commerce that the parties had agreed would govern their arbitration.882
She has appeared before all levels
of Ontario court, the British Columbia Court
of Appeal, and before domestic and
international arbitral
tribunals.
Helping to align investment arbitration with the functioning and the results
of other systems
of public law adjudication can contribute to forming an emerging consensus on the many contested issues in
international investment law and afford legitimacy to the dispute settlement activity
of investor - State arbitral
tribunals.