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Journal articles on the topic 'Court statute'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Watts, Gregory W. "Ohio." Texas A&M Journal of Property Law 6, no. 3 (2020): 284–300. http://dx.doi.org/10.37419/jpl.v6.i3.12.

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In recent years, as a result of Ohio’s Utica shale boom, Ohio courts have confronted the issue of how to apply the Ohio Marketable Title Act. As with many statutes, there are generally two questions to answer: (1) does the particular statute apply to the particular facts of the case? and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case?

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Taak, Sangeeta. "The United States reluctance to join the international criminal law statute: an analysis." Forensic Research & Criminology International Journal 8, no. 5 (2020): 182–86. http://dx.doi.org/10.15406/frcij.2020.08.00326.

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The International Criminal Court statute (ICC statute hereinafter) is a treaty based and its jurisdiction is applicable on those states who signs and ratifies the statute. In order to explain the working of the International Criminal Court, it is necessary to define the jurisdiction to which it is applicable. Although the model of the International Court of Justice was available, yet no one had ever tried to create a court with such a wider scope and application. The Predecessor examples of the Nuremberg Tribunals, International Criminal Tribunal Yugoslavia (ICTY) and the International Crimina

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Al-Haj, Allen. "Which Statute Will Trump." Texas A&M Law Review 5, no. 1 (2017): 105–31. http://dx.doi.org/10.37419/lr.v5.i1.3.

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A law can often be a double-edged sword—its mandate or protection of one right will sometimes come at the cost of another. Compounding this problem of unintended consequences is that laws do not operate in a vacuum. Instead, laws interact with other laws, and if they conflict, courts must determine which will prevail. Determining the validity of class-action waivers in employment arbitration agreements will require reconciling the Federal Arbitration Act’s mandate that arbitration agreements be enforced according to their terms against the National Labor Relations Act’s protection of employees

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Pakpahan, Novritsar Hasintongan. "Formulation of Contempt of Court Statute to Restore Abused Judiciary’s Dignity Caused by Integrity Besmirch Through Retrial." Equality : Journal of Law and Justice 2, no. 2 (2025): 135–48. https://doi.org/10.69836/equality-jlj.v2i2.289.

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This research is based on the issue of lack of contempt of court statutes and the common practice of denigrating judiciaries in trials. Background of the study is due to common practice of integrity abuse and lack of judiciary’s dignity protection that pushes the need for contempt of court statute formulation. The paper then formulates two research questions, namely how the regulation of contempt of court would revitalize court’s dignty and how regulation can be formulated for legal remedy towards tainted legal process. The methodology of the research is based on normative research that applie

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Nuridzhanian, Gaiane. "Ne Bis In Idem in Article 20(3) of the Rome Statute and Non-State Courts." Law & Practice of International Courts and Tribunals 18, no. 2 (2019): 219–39. http://dx.doi.org/10.1163/15718034-12341401.

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Abstract Article 20(3) of the Rome Statute bars the International Criminal Court from trying a person for conduct proscribed by the Statute if the person has already been tried in relation to the same conduct before “another court,” provided that the proceedings in the other court were genuine. The article discusses application of Article 20(3) of the Rome Statute and, by implication, of the Court’s admissibility framework to non-State courts. It argues that Article 20(3) applies where there has a been a trial before a court of a State, whether that State is a party or not to the Rome Statute.

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Ahmed, Farrah, and Adam Perry. "THE QUASI-ENTRENCHMENT OF CONSTITUTIONAL STATUTES." Cambridge Law Journal 73, no. 3 (2014): 514–35. http://dx.doi.org/10.1017/s0008197314000841.

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AbstractThe British constitution is famously unentrenched: constitutional laws are not intrinsically more difficult to override than ordinary laws. However, in the largely overlooked 2012 case of H v Lord Advocate, the Supreme Court said that the Scotland Act 1998 cannot be impliedly repealed due to its “fundamental constitutional” status. Unless judicial thinking changes, courts in the future may treat constitutional statutes, like the Scotland Act, as capable only of express repeal, making such statutes “quasi-entrenched”. In this article, we argue that, as a judicial innovation, the quasi-e

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Miller, Michael J. "Selected US Tax Developments: Adams Challenge (UK) Limited: When Does a Treaty Provision Conflict with the Code?" Canadian Tax Journal/Revue fiscale canadienne 69, no. 2 (2021): 655–67. http://dx.doi.org/10.32721/ctj.2021.69.2.ustd.

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In the United States, statutes and treaties are on an equal footing. Thus, in the event of a conflict between a statute and a treaty, the treaty does not automatically take precedence over the statute. Moreover, the US courts go to great lengths to avoid finding the existence of any conflict. This article discusses a recent case in which the Tax Court held, among other things, that a punitive deduction-disallowance rule applicable solely to non-US persons did not conflict with the non-discrimination article of the income tax treaty in effect between the United States and Canada.

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Hudon, Edward G. "Quelques mots sur la recevabilité des éléments de preuve extrinsèques devant les tribunaux : le Canada et les États-Unis." Articles 22, no. 2 (2005): 371–82. http://dx.doi.org/10.7202/042441ar.

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This article is a comparison of the use of extrinsic materials by the courts of Canada and of the United States in the interpretation of statutes. The author points out that in the United States the courts have reached the point where just about everything is admissible — particularly legislative debates, committee hearings and reports — but that in Canada the use of extrinsic materials is limited to the determination of the constitutionality of a law or statute. Although the courts of Canada are becoming more and more liberal in the use of extrinsic materials, the use of legislative debates i

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Mamedov, H. A. "Presumption of innocence in the International Criminal Court: general characteristics." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 97–101. https://doi.org/10.24144/2307-3322.2025.88.4.14.

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The article provides a general characteristic of the presumption of innocence in the International Criminal Court. It is noted that in the International Criminal Court the presumption of innocence is neither a new concept nor semantically different for understanding from national legal proceedings. In the most general formulation, this presumption is reduced to the right “to be presumed innocent until proven guilty in court”. It is considered as a fundamental principle of criminal justice and the right to a fair trial, which should ensure respect for human dignity during proceedings in interna

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Yee, Sienho. "The Interpretation of “Treaties in Force” in Article 35(2) of the Statute of the ICJ." International and Comparative Law Quarterly 47, no. 4 (1998): 884–904. http://dx.doi.org/10.1017/s0020589300062588.

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Every member State of the United Nations is a party to the Statute (the Statute) of the International Court of Justice (the Court or ICJ).1 In addition, a non-member State may also become a party to the Statute.2 The Court is open to the States parties to the Statute.3 As to those States that are not parties to the Statute, Article 35(2) of the Statute provides:The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in

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Radziewicz, Piotr. "Diffuse Constitutional Review in the Light of Poland’s Constitutional Court Crisis." Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 91–98. http://dx.doi.org/10.26881/gsp.2022.4.07.

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This gloss comments on the judgment of a common court disapplying a duly enacted statute as incompatible with the Constitution. The court also decided to disapply the Constitutional Court’s judgment on the same subject because of the participation of a person elected to an already occupied seat. The District Court’s intention was to substitute itself for a Constitutional Court stripped of independence and impartiality. The intention was to protect the supremacy of the Constitution, human rights, and the rule of law. The purpose of this gloss is to examine more closely this new practice from th

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Ekori, Aghem Hanson, and Paul S. Masumbe. "Putin on Trial: The Reality of Heads of State Immunity before International Criminal Courts." Polit Journal: Scientific Journal of Politics 2, no. 1 (2022): 29–36. http://dx.doi.org/10.33258/polit.v2i1.621.

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The prosecution of serving heads of state before international criminal courts is still very challenging even though most of these courts do not recognise immunities for international crimes. While the recognition of head of state immunity before national and foreign domestic courts for international crimes is supported by customary international law, the recognition of immunities before international criminal courts is determined by the statute creating the court.. Consequently, while the Rome Statute creating the International Criminal Court (the ICC) does not recognise any form of immunity,

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Al-Hassani, Hamed Hamid Kazem. "The role of the International Criminal Court in criminalizing Israeli attacks on the Palestinian people." ZAC Conference Series: Social Sciences and Humanities 1, no. 1 (2024): 182–97. http://dx.doi.org/10.70516/zaccsssh.v1i1.37.

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The International Criminal Court, which is governed by the Rome Statute, is the first permanent court established on the basis of a treaty established to hold accountable the perpetrators of the most serious crimes at the global level, such as war crimes, crimes against humanity, and genocide. On July 17, 1998, the work of the Diplomatic Conference on the Establishment of an International Criminal Court concluded with the approval of the adoption of the Statute of the Court. The International Criminal Court is a permanent and independent institution and is not considered one of the sections of

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Chen, Ruiqing. "Reasonableness of ICC Judgment of the Bashir Case from the International Status, Clause Conflicts and Scope of Application." Communications in Humanities Research 14, no. 1 (2023): 9–14. http://dx.doi.org/10.54254/2753-7064/14/20230392.

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This article addresses the International Criminal Court ruling in the Bashir case from the perspectives of the International Criminal Courts position following the United Nations Security Councils referral of the case, and the conflict between Articles 27 and 98, which in the Rome Statute, and the rationale of Article 27s scope of applicability. The immunity ratione personae can be divided in to two parts: Rome Statute and customary international law, which are the principal sources. Sudan is not the contracting party of the Rome Statute, and the Rome Statute only applies to signatories. This

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Chadimova, Michala. "Development of Superior Responsibility at the ECCC." International and Comparative Law Review 18, no. 2 (2018): 170–84. http://dx.doi.org/10.2478/iclr-2018-0044.

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Abstract This article aims to describe the development process of superior responsibility doctrine at the Extraordinary Chambers in the Courts of Cambodia. Superior responsibility is contained in all Statutes of ad hoc tribunals and also the Rome Statute. However, the case of ECCC is distinctive for its special structure and applicable law. As such, the ECCC is being often called ‘hybrid’, court. This Article aims to analyse travaux préparatoires to the ECCC Statute and ECCC Statute itself when it comes to superior responsibility. This analysis will be followed by the ECCC case law. In 2019,

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Handoyo, Benediktus. "IDEALISME CONSTITUENDUM MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR." Arena Hukum 14, no. 1 (2021): 1–18. http://dx.doi.org/10.21776/ub.arenahukum.2021.01401.1.

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Abstract Judicial review is one of the authorities of the Constitutional Court most often exercised. This research examines the background of the establishment of Constitutional Court in Indonesia and the ideal construction of the constituendum for the Constitutional Court in implementing the judicial review. This normative research uses regulatory and conceptual approach. The results showes first, the authority to judicial review should be placed in one institution, namely the Constitutional Court, since the continental tradion of laws and regulations is systematic, hyrarchial and pyramidal i

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Katarzyna Dróżdż, Dominika. "Specialiojo Irako tribunolo funkcionavimas (materialiniai ir procesiniai aspektai)." Teisė 66, no. 1 (2008): 110–26. http://dx.doi.org/10.15388/teise.2008.66.368.

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Straipsnyje analizuojamos Irako specialiojo tribunolo, įkurto 2003 m. gruodžio 10 d., statuto nuostatos, materialiniai ir procesiniai Tribunolo veiklos aspektai. Nurodoma, kad Statutu įdiegtas stebėtojų ir patarėjų tarptautinės teisės klausimais institutas – keliamas jų veiklos teisinio apibrėžtumo klausimas; apibūdinama Tribunolo jurisdikcija: nuo 1968 m. liepos 17 d. iki 2003 m. gegužės 1 d. padarytiems nusikaltimams, numatytiems Statuto 11–14 straipsniuose, už kuriuos gali būti traukiami tik Irako piliečiai ir nuolatiniai Irako gyventojai, nusikaltimus padarę Irake ir už jo ribų teisti

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Schabas, William A. "The International Criminal Court and Non-Party States." Windsor Yearbook of Access to Justice 28, no. 1 (2010): 1. http://dx.doi.org/10.22329/wyaj.v28i1.4488.

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Although more than half of the States in the world are parties tothe Rome Statute of the International Criminal Court, morethan eighty have yet to ratify. The article considers the relationshipof the Court with these non-party States. It examines theexercise of jurisdiction over their nationals, arguing that internationallaw immunities continue in force despite the terms ofthe Statute. Declarations of jurisdiction by non-party States arealso studied, including the declaration formulated by the PalestinianAuthority with respect to Gaza in January 2009. NonpartyStates may be asked to cooperate w

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Belyaev, M. P. "Judicial Agency in the Grand Duchy of Lithuania in the 16th Century." Pravo istoriya i sovremennost, no. 2(15) (2021): 007–18. http://dx.doi.org/10.17277/pravo.2021.02.pp.007-018.

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This article describes the development of judicial representation in the Grand Duchy of Lithuania in the 16th century. For the first time, the organizational design and legislative consolidation of judicial representation took place in cities with Magdeburg law. The emergence of professional judicial representatives was associated, first of all, with the adoption of the Statute of 1529, which contains legal norms that allow substituting parties in court. The status of professional representatives – lawyers who were called procurators – was consolidated. The statute of 1566, which actually summ

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Freuden, Sarah. "Decision on the “Prosecution's Request for a Ruling on Jurisdiction Under Article 19(3) of the Statute” (Int'l Crim. Ct.)." International Legal Materials 58, no. 1 (2019): 120–59. http://dx.doi.org/10.1017/ilm.2019.3.

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On September 6, 2018, Pre-Trial Chamber I of the International Criminal Court (Court) issued its “Decision on the ‘Prosecution's Request for a Ruling on Jurisdiction Under Article 19(3) of the Statute.’” The decision is notable both for the procedural posture—the Prosecution submitted its request prior to opening a preliminary examination—and the majority's conclusion that the Court may exercise territorial jurisdiction over alleged deportation from Myanmar, a nonstate party to the Rome Statute of the International Criminal Court (Rome Statute or Statute), to a state party, Bangladesh.

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Black, Bryan M., and Laine P. Shay. "States Testing the Legal Limits: The Effect of Electoral Competition on the Constitutionality of State Statutes." State Politics & Policy Quarterly 18, no. 3 (2018): 246–70. http://dx.doi.org/10.1177/1532440018782154.

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When the U.S. Supreme Court decides to exercise judicial review on a law passed by a democratically elected institution, it can have a profound and critical impact on public policy. Furthermore, recent research shows that the Court more frequently declares state statutes unconstitutional than federal statutes. However, only a limited number of studies have extensively explored this political phenomenon. One aspect of a state that has not been considered in connection with the Supreme Court’s use of judicial review over state legislation is the electoral environment in which the laws are produc

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KECK, THOMAS M. "Party, Policy, or Duty: Why Does the Supreme Court Invalidate Federal Statutes?" American Political Science Review 101, no. 2 (2007): 321–38. http://dx.doi.org/10.1017/s0003055407070190.

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This paper explores three competing accounts of judicial review by comparing the enacting and invalidating coalitions for each of the fifty-three federal statutes struck down by the Supreme Court during its 1981 through 2005 terms. When a Republican judicial coalition invalidates a Democratic statute, the Court's decision is consistent with a partisan account, and when a conservative judicial coalition invalidates a liberal statute, the decision is explicable on policy grounds. But when an ideologically mixed coalition invalidates a bipartisan statute, the decision may have reflected an instit

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Sarooshi, Danesh. "The Statute of the International Criminal Court." International and Comparative Law Quarterly 48, no. 2 (1999): 387–404. http://dx.doi.org/10.1017/s0020589300063247.

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The conclusion and adoption of the Statute of a permanent International Criminal Court2 (“Statute”) in Rome in July 19983 represent a turning point in the enforcement of legal norms regulating armed conflict. Th e Rom e Conference was the latest, and most important, chapter in a long saga concerning the broader issue of the conclusion and adoption of a Draft Code of Crimes against the Peace and Security of Mankind, an important part of which was the establishment of an international criminal court to try such crimes.4 The International Law Commission (ILC), the UN organ responsible for the pre

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Fərhad oğlu Qəyayev, Nihad. "International criminal court as an international judical body acting on a complementary basis." SCIENTIFIC WORK 15, no. 3 (2021): 97–101. http://dx.doi.org/10.36719/2663-4619/64/97-101.

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The functioning of the International Criminal Court is carried out on the basis of the principle of complementarity. Thus, in the Preamble and Article 1 of the Rome Statute of the International Criminal Court explicitly states that “the International Criminal Court….complements the national criminal justice authorities”. The principle of complementarity is revealed in Art. 17-20 of the Statute. This article discusses the algorithm and the criteria for evaluating the performance of the complementarity based on the analysis of the Rome Statute of the International Criminal Court (Statute), the R

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McClain, Charles J. "The Chinese Struggle for Civil Rights in 19th-century America: The Unusual Case of Baldwin v. Franks." Law and History Review 3, no. 2 (1985): 349–73. http://dx.doi.org/10.2307/743633.

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In its October term 1882, the United States Supreme Court handed down a decision which aborted federal efforts to deal with anti-black violence in the states of the old Confederacy. At issue in the case of United States v. Harris was the constitutionality of a federal statute, Section 5519 of the Revised Statutes of the United States of 1874, which made it a crime for private persons to conspire to deprive other individuals of the equal protection of the laws. A group of white Tennesseeans had been convicted under the statute for assaulting and badly beating a group of black criminal defendant

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Jackson, Nicholas. "When Is an Agency a Court? A Modified Functional Approach to State Agency Removal Under 28 U.S.C. § 1441." University of Michigan Journal of Law Reform, no. 49.1 (2015): 273. http://dx.doi.org/10.36646/mjlr.49.1.when.

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This Note argues that courts should interpret 28 U.S.C. § 1441, which permits removal from state court to federal court, to allow removal from state administrative agencies when the agency performs “court-like functions.” Circuits that apply a literal interpretation of the statute and forbid removal from state agencies should adopt this “functional” approach. The functional approach, which this Note calls the McCullion-Floeter test, should be modified to comport with legislative intent and public policy considerations: first, state agency adjudications should not be removable when the adjudica

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Rosenne, Shabtai. "The Jurisdiction of the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 119–41. http://dx.doi.org/10.1017/s1389135900000398.

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This article will review the jurisdiction of the new International Criminal Court (ICC) under the Rome Statute of 17 July 1998. Jurisdiction will be examinedratione personaeandratione materiae, including in each case its scoperatione temporis, concentrating on two separate aspects of jurisdiction as they appear in the Statute. These are jurisdiction to bring charges against an alleged offender and to bring that person to trial, and as a corollary, jurisdiction to detain or arrest an accused or suspected person. Given that it is early in the history of the Rome Statute, some consideration of ot

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WINANTS, ALAIN. "The Yerodia Ruling of the International Court of Justice and the 1993/1999 Belgian Law on Universal Jurisdiction." Leiden Journal of International Law 16, no. 3 (2003): 491–509. http://dx.doi.org/10.1017/s0922156503001250.

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The 1993/1999 Belgian Law on Universal Jurisdiction allows for prosecution before Belgian domestic courts regardless of the nationality of perpetrators or victims, the place where the breaches were committed, or the presence on Belgian territory of the alleged perpetrators. Is universal jurisdiction contrary to international law? Is universal jurisdiction in absentia permitted under Belgian law and under international law? What is the relationship between universal jurisdiction, as exercised by a national court, and the Statute of the International Criminal Court? This article provides an over

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Javorskij, Jaroslav. "TARPTAUTINIO BAUDŽIAMOJO TEISMO PROKURORO GALIOS TIRIANT NUSIKALSTAMĄ VEIKĄ." Teisė 92 (February 11, 2015): 184–89. http://dx.doi.org/10.15388/teise.2014..3899.

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Straipsnis skiriamas Tarptautinio baudžiamojo teismo prokuroro įgaliojimams tiriant nusikalstamą veiką išnagrinėti. Jame analizuojamas visas spektras įgaliojimų, numatytų Tarptautinio baudžiamojo teismo statuto 54 straipsnyje. Article is devoted to the powers of the Prosecutor of the International Criminal Court at the stage of a criminal investigation. All powers of the Prosecutor which are provided in the Article 54 of the Rome Statute of the International Criminal Court are analyzed separately.

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Urban, Amanda. "Defining Ambiguity in Broken Statutory Frameworks and its Limits on Agency Action." Michigan Journal of Environmental & Administrative Law, no. 6.1 (2016): 313. http://dx.doi.org/10.36640/mjeal.6.1.defining.

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“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsis

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Demirdjian, Alexis. "Armless Giants: Cooperation, State Responsibility and Suggestions for the ICC Review Conference." International Criminal Law Review 10, no. 2 (2010): 181–208. http://dx.doi.org/10.1163/157181210x492252.

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AbstractInternational criminal courts and tribunals regularly face difficulties in obtaining cooperation from States, a stumbling block that hinders the process of bringing criminals to justice and trying them before a court of law. In doing so, States can be held accountable under the rules of state responsibility. This possibility was raised in key decisions and scholarly texts on the issue. This paper seeks to expand the discussion on the matter and analyze the responsibility of States for their failure to cooperate with international courts. Additionally, this paper suggests amendments to

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Jennings, Robert Y. "The International Court of Justice after Fifty Years." American Journal of International Law 89, no. 3 (1995): 493–505. http://dx.doi.org/10.2307/2204170.

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The International Court of Justice was brought into being by the Charter of the United Nations (Articles 7(1), 36(3), and 92-96), and by the Statute of the Court which was made an integral part of the Charter; both of which instruments were signed at San Francisco on June 26, 1945. The most important difference between the Statute of the new Court and that of its predecessor, the Permanent Court of International Justice, on which the new Statute was based, was that the new Court was to be one of the “principal organs” of the United Nations. The Charter and the new Statute entered into force on

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Al-Dabbas, Ali Muhammad, Sayel Mufleh Al-Momani, Shady Helo Abu Helo, Abeer Al Qaisi, Rehan Abuelzeet, and Mohammad Moqbel Al-Andali. "The personal jurisdiction of the Arab court for human rights compared to the European court of human rights." Edelweiss Applied Science and Technology 8, no. 5 (2024): 1793–804. http://dx.doi.org/10.55214/25768484.v8i5.1913.

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The research dealt with the personal jurisdiction of the Arab Court for Human Rights compared to the European Court of Human Rights, by indicating who are the natural persons and legal persons who are entitled to file claims and the conditions for their acceptance with the two courts, adopting the analytical approach and the comparative approach to find out the deficiencies in the statute of the Arab Court for Human Rights and address them. Several results and proposals were reached. As for the most important results, they are represented by the narrowing of the scope of personal jurisdiction

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Smyrnov, M. "Prosecution for the most serious international crimes committed in Ukraine during the full-scale military invasion of the aggressor country: jurisdictional aspects." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 607–12. http://dx.doi.org/10.24144/2788-6018.2023.01.106.

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The conceptual issues, related to the construction of the system of international criminal justice, ratification of the Rome Statute of the International Criminal Court and features of cooperation of Ukraine with the International Criminal Court, are examined in the article. The main reasons for the delay in Ukraine's ratification of the Rome Statute of the International Criminal Court are analyzed, and attention is drawn to the inconsistent and contradictory position of Ukraine, which does not use the mechanisms of criminal prosecution for the crime of genocide, crimes against humanity,

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Sang-Hyun, SONG. "Preventive Potential of the International Criminal Court." Asian Journal of International Law 3, no. 2 (2013): 203–13. http://dx.doi.org/10.1017/s2044251313000064.

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AbstractThis article discusses the transition of international criminal justice from a predominantlyex post factopunitive concept of post World War II efforts—and thead hoctribunals set up in the 1990s—towards a more comprehensive concept of justice centred around the International Criminal Court established by the Rome Statute, with significant potential for the prevention of future atrocities. Four sources of preventive effect are examined: deterrence, timely intervention, stabilization, and norm setting. Significant challenges remain for the Rome Statute system, notably strengthening the pr

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Oertzen, Hans-Joachim von, and Christoph Hauschild. "Le contrôle de l’administration par les juridictions administratives." Revue française d'administration publique 78, no. 1 (1996): 345–56. http://dx.doi.org/10.3406/rfap.1996.3043.

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Judicial Review. Germany’s administrative court structure operates at three levels. The first two levels are made up of the courts of the Länder (the administrative court and the superior administrative court) whose functioning and organisation does not vary much from Land to Land. At the top of the hierarchy administrative disputes are settled by the Federal Administrative Court. The Constitution of 1949 lays down the constitutional principle of control over the administration to be exercised by the administrative courts, and a statute gives these courts competence in all disputes concerning

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Rudolf, Beate. "Statute of the International Criminal Court." American Journal of International Law 94, no. 2 (2000): 391–96. http://dx.doi.org/10.2307/2555300.

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Sánchez, Sara Iglesias. "Shared Jurisdiction of EU Courts over Preliminary Rulings: One procedure. Two Courts. One Interpretation?" Review of European Administrative Law 17, no. 3 (2024): 75–86. https://doi.org/10.7590/187479824x17326230137744.

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The 2024 reform of the Statute of the Court of Justice has activated for the first time in EU history Article 256(3) TFEU, granting jurisdiction to the General Court to hear and determine preliminary references in six 'specific areas'. Together with the articulation of the allocation of cases between the two EU Courts, one question becomes now prominent: how to ensure uniform interpretation of EU Law. This brief contribution will reflect on the impact of the reform of the Statute on the EU judicial model and on the challenges of the new structure for internal decentralization of jurisdiction o

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Zimmermann, Andreas, and Meltem Şener. "Chemical Weapons and the International Criminal Court." American Journal of International Law 108, no. 3 (2014): 436–48. http://dx.doi.org/10.5305/amerjintelaw.108.3.0436.

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When the contracting parties to the Rome Statute establishing the International Criminal Court met in Kampala in 2010 to discuss possible amendments to the statute, the main focus was, and has thereafter remained, on the crime of aggression. In addition to amending the statute to include the crime of aggression, however, the contracting parties amended Article 8 of the statute to include a broader range of war crimes in noninternational armed conflicts over which the ICC can have jurisdiction—inter alia, by including the use of chemical weapons. Although the latter amendment received much less

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Asbóth, Orsolya. "Az elévülés intézményéről a bírói gyakorlatban." Jog, állam, politika 15, no. 1 (2023): 145–62. http://dx.doi.org/10.58528/jap.2023.15-1.145.

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The aim of this publication is to present one of the legal institutions of Hungarian civil law, the statute of limitations, and its legal effects, with special regard to the calculation and the expiration of the statute of limitations. Through concrete court case decisions, I intend to highlight which grounds, according to the applicable judicial practice, are considered to be “excusable grounds” to be examined in the course of the statute of limitations and not listed in the law, with special emphasis on court decisions that were made in the course of the relationship between the out-of-court

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M., M. Feroze. "Origins of the International Criminal Court." Recent Researches in Social Sciences & Humanities (ISSN: 2348 – 3318) 7, no. 5 (Special Issue) (2020): 6–10. https://doi.org/10.5281/zenodo.6586396.

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The earliest effort for the creation of the International Criminal Court was made by the committee of jurists which drafted the Statute of Permanent Court of International Justice in 1920 and recommended for the establishment of an International Criminal Court to try crimes against International Public Order. League of National adopted a Convention for the establishment of an International Criminal Court in 1937 but it never came into force. General Assembly of the United Nations adopted the Rome Statute on International Criminal Court. Finally the Court was inaugurated on March 11, 2003 in th

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Ispolinov, Aleхey S. "The Anatomy of the Crisis: Problems of the Normative Legitimacy of the International Criminal Court." Zakon 21, no. 2 (2024): 124–32. http://dx.doi.org/10.37239/0869-4400-2024-21-2-124-132.

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The article examines the issues of the normative legitimacy of the International Criminal Court, which is understood as the conformity of the creation and operation of the court with the norms and principles of international law, as well as with the conditions of consent of States regarding the status of this court, competence and jurisdiction formulated in the Rome Statute as the founding document of the court. The current practice of the ICC and the Prosecutor of the Court in some fundamental issues has clearly departed from the conditions for the exercise of their jurisdiction enshrined in

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Špokauskas, Dovydas. "Su kariavimo priemonėmis susiję karo nusikaltimai: tarptautinės humanitarinės teisės ir tarptautinės baudžiamosios teisės santykio problemos." Teisė 75 (January 1, 2010): 111–25. http://dx.doi.org/10.15388/teise.2010.0.233.

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Straipsnyje nagrinėjama, ar Tarptautinio baudžiamojo teismo Romos statuto nuostatos visiškai perteikia kariavimo priemonių pasirinkimą reglamentuojančias tarptautinės humanitarinės teisės sutartines ir paprotines nuostatas. The analysis assesses whether the provisions of the Rome Statute of the International Criminal Court do not fully reflect the customary and treaty norms of international humanitarian law related to the choice of means of warfare.

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de Gurmendi, Silvia A. Fernández, and Håkan Friman. "The Rules of Procedure and Evidence of the International Criminal Court." Yearbook of International Humanitarian Law 3 (December 2000): 289–336. http://dx.doi.org/10.1017/s1389135900000672.

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On 30 June 2000, the Preparatory Commission for the International Criminal Court approved by consensus the Draft Rules of Procedure and Evidence (hereinafter ‘the Rules’). Their adoption followed months of extensive negotiations during which delegations struggled to supplement the Rome Statute of the International Criminal Court (hereinafter, ICC or the Court) while fulfilling the — sometimes somewhat contradictory — objectives of safeguarding the integrity of the Statute and ‘enhancing the effectiveness and acceptance of the Court’.

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Giri, Saroj Kumar. "Arbitration Laws and Judicial Response to Settling the Disputes Through Arbitration in Nepal." Journal of Management 5, no. 1 (2022): 109–23. http://dx.doi.org/10.3126/jom.v5i1.47765.

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The article aims to analyze the arbitration-related laws in Nepal, the domestication of international arbitration treaties and conventions, settlement procedures of arbitration disputes and the role of the Nepalese judiciary to settle the disputes through arbitration. To settle disputes outside the court through a mutual agreement in a peaceful situation, ADR (Alternative Dispute Resolution) is the best method practiced worldwide since time immemorial; Nepal has also proclaimed various provisions in different statutes and rules. Arbitration Act, 2055 is the current statute that governs arbitra

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Ochoa S., Juan Carlos. "The Settlement of Disputes Concerning States Arising From the Application of the Statute of the International Criminal Court: Balancing Sovereignty and the Need for an Effective and Independent ICC." International Criminal Law Review 7, no. 1 (2007): 1–43. http://dx.doi.org/10.1163/156753607x181604.

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AbstractThe tension between State sovereignty and the need of international criminal tribunals to have sufficient powers for functioning effectively and independently permeates the provisions on the settlement of disputes contained within the ICC Statute. In contrast to the Statutes and the case-law of the ad hoc international criminal tribunals, the ICC Statute gives considerable weight to States Party's sovereignty. In particular, the power of the ICC to settle any dispute concerning its judicial functions under Article 119, paragraph 1, of its Statute is weakened in the area of States Party

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Eyyubova, Mehriban. "Implementation of the Statute of the International Criminal Court into the National Legislation of the Republic of Azerbaijan." Scholars International Journal of Law, Crime and Justice 5, no. 12 (2022): 537–47. http://dx.doi.org/10.36348/sijlcj.2022.v05i12.004.

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The article is devoted to the implementation of the Statute of the International Criminal Court in the national legislation of the Republic of Azerbaijan. The article is based on the Statute of the International Criminal Court, scientific and theoretical provisions on its implementation, the national legislation of the Republic of Azerbaijan, as well as a comparative analysis of the national legislation of foreign countries. Meanwhile, the activities of the International Criminal Court and the advantages and disadvantages of its Statute in the implementation of national legislation were analyz

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Pathak, Bishnu. "Jurisdictions of the Hague Court." World Journal of Social Science Research 7, no. 1 (2020): p17. http://dx.doi.org/10.22158/wjssr.v7n1p17.

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The objectives of the paper are threefold: a) to find out the axiomatic truths, investigating crimes committed in the past; b) to examine the steps of the trial to the perpetrators for accountability and to deliver justice to the victims without prejudice at present; and c) to foster peace, human security and harmony for not repeating crimes in future. This state-of-the-art paper is prepared based on archival literature review, exchanging and sharing, Rome Statute defined functions and a practical observation approach rather than theoretical conception. The Hague Court gathers and scrutinizes

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Robinson, Darryl. "Defining “Crimes Against Humanity” at the Rome Conference." American Journal of International Law 93, no. 1 (1999): 43–57. http://dx.doi.org/10.2307/2997955.

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On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Cou

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Prasetya, Hadyan Iman. "The Law of Lawmaking as Quasi Constitutional Legislation." Jurnal Konstitusi 20, no. 1 (2023): 36–57. http://dx.doi.org/10.31078/jk2013.

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Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the judicial review of the Job Creation Act, marked for the first time Court decide prevailed on behalf of petitioners in a procedural judicial review case. The Decision erects a legal discourse relating to the superiority of the Lawmaking Act against other statutes, in terms of its position as a ground for conducting a procedural judicial review. It departs from the common understanding that all statutes are equal, no one statute could be superior to others. Normatively researched while laboring statutory, conceptual, and comparati

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