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Journal articles on the topic 'International administrative law'
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1
Pobezhimova, Nelly. "Genesis of International Administrative Law." Gosudarstvo i pravo, no. 11 (2019): 94. http://dx.doi.org/10.31857/s013207690007475-4.
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Kingsbury, Benedict, and Lorenzo Casini. "Global Administrative Law Dimensions of International Organizations Law." International Organizations Law Review 6, no. 2 (2009): 319–58. http://dx.doi.org/10.1163/157237409x12670188734311.
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AbstractSeveral important legal features of the contemporary practice of international organizations (IOs) are not easily accommodated in standard approaches to international organizations law. This article argues that Global Administrative Law (GAL) approaches may strengthen analysis of operational issues such as emergency actions by IOs and the human rights implications of IO activities, structural issues such as the involvement of IOs in field missions and in public-private partnerships, and normative issues concerning the production and effects of non-treaty regulatory instruments by IOs (guidelines, best practices, national policy assessments, and other documents rather amorphously analyzed under the 'soft law' rubric). In examining these activities as forms of administration (broadly understood), subject to precepts of good administration and legal standards concerning transparency, participation, reason-giving, review, and accountability, a GAL perspective provides a basis both for critique of problematic practices, and for increasing the effectiveness and legitimacy of some beneficial IO activities which are contentious or currently not undertaken. GAL also responds to the proliferation and differentiation of IOs and other entities in global governance through applying legal standards to their interactions, bringing a principled 'inter-public' approach to the legal relations among global public entities. GAL provides a valuable, and thus far overly neglected, addition to the field of international institutional law.
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Handrlica, Jakub. "Revisiting international administrative law as a legal discipline." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 3 (2019): 1237–58. http://dx.doi.org/10.30925/zpfsr.39.3.5.
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The term “international administrative law” is understood in two separate ways. On one hand, the authors (diritto internazionale amministrativo) used this term regarding the administrative competencies of various international administrative unions, as provided by applicable international conventions. On the other hand, other authors (e.g. Karl Neumeyer, Paul Négulescu, Giuseppe Biscottini) used the term to exclusively refer to the norms of national law (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht), which address certain foreign elements. This article follows the second understanding of the term “international administrative law.” For a long time, these norms had been quite rare in administrative law and, consequently, the legal scholarship did not pay much attention to the discipline of international administrative law. However, most recently, the sources of EU law increasingly require reflection of certain foreign elements in the norms of administrative law. In this respect, this article argues that international administrative law represents a legal discipline that is fully capable of addressing those problems arising by the application of these norms in administrative law.
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Poole, Melissa. "International Instruments in Administrative Decisions: Mainstreaming International Law." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 91. http://dx.doi.org/10.26686/vuwlr.v30i1.6015.
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This article considers the development of the role of international instruments in administrative decisions. It compares the changes in New Zealand after the Tavita case with the developments which followed the Teoh case in Australia. The article then proposes the basis for a new attitude to international instruments which would result in the "mainstreaming" of international law.
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Amerasinghe, C. F. "The Future of International Administrative Law." International and Comparative Law Quarterly 45, no. 4 (October 1996): 773–95. http://dx.doi.org/10.1017/s0020589300059698.
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The prospects for international administrative law and the international administrative legal system in the future and particularly in the next century will be determined to a large extent by how much importance the world attaches to international organisations and particularly to the maintenance of an independent international civil service as a means of securing international peace and security, promoting development and fostering international co-operation. Not only must there be a change in the current attitude of certain governments towards international organisations as a means to this end but there must also be a more sanguine approach to the singular importance of an independent civil service in the process. What can be said about the international administrative legal system and international administrative law in the future must be conditioned necessarily to a large extent by assumptions made about what is going to happen in the future to both international organisations and the civil service.
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Hennis, Edgar. "Case Practice in International Administrative Law." Leiden Journal of International Law 10, no. 2 (June 1997): 295–303. http://dx.doi.org/10.1017/s0922156597000241.
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International administrative law deals with legal recourse within public international organizations in respect of conflicts between employees (international civil servants) and the organization itself. Literature in this field of public international law is relatively scarce and jurisprudence is not easily accessible. Following a short survey of the main particulars in international administrative law this article will present a recent case in which the Appeals Board of the European Space Agency (ESA) rendered a decision. It deals with some typical legal issues which play a role in international administrative procedures. For practitioners, in particular, this case is an interesting example, of how international tribunals solve legal questions in respect of jurisdiction and substance.
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Tripathi, Rajeshwar. "Concept of Global Administrative Law." India Quarterly: A Journal of International Affairs 67, no. 4 (December 2011): 355–72. http://dx.doi.org/10.1177/097492841106700405.
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Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.
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Schmidt-Aßmann, Eberhard. "International Administrative Law: the constitution of a concept in the mirror of a changed Statehood." Revista Digital de Direito Administrativo 4, no. 1 (January 26, 2017): 15–31. http://dx.doi.org/10.11606/issn.2319-0558.v4i1p15-31.
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Characteristic legal concepts do not only have an ordering function. Behind them, there are conceptions, which at the same time show observation relationships and define research perspectives. This paper seeks to demonstrate these roles in relation to the concept of international administrative Law (Internationalen Verwaltungsrechts), which is discussed here with three variants for the purpose of scientific clarification, once it is relevant to demonstrate the structures that underlie legal concepts and the preconceptions they carry. The conceptual variations analyzed are: international administrative Law as Collision Law (Internationales Verwaltungsrecht als Kollisionsrecht), as global administrative Law and as Action, Determination and Cooperation Law based on international law (im Völkerrecht begründetes Aktions-, Determinations- und Kooperationsrecht)
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LIUTIKOV, P. S. "INTERNATIONAL CORPORATIONS AS SUBJECTS OF ADMINISTRATIVE LAW." Scientific Journal of Public and Private Law 2, no. 2 (2019): 102–6. http://dx.doi.org/10.32844/2618-1258.2019.2-2.18.
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Мамедов, Андрей, and Andrey Mamedov. "ADMINISTRATIVE LAW: QUESTIONS OF INTERNATIONAL-LEGAL UNIFICATION." Advances in Law Studies 5, no. 2 (July 18, 2017): 166–71. http://dx.doi.org/10.12737/article_596731207524c2.21394037.
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Ноздрачев, Александр, Alyeksandr Nozdrachyev, Влада Лукьянова, and Vlada Lukyanova. "SCHOOL OF ADMINISTRATIVE LAW: COMPARATIVE LAW ASPECT." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16121.
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Scientific life at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, which will celebrate its 90th anniversary in 2015, is developing in various ways. Special place is occupied by scientific schools — sustainable community of scientists, developing concepts’ principles and systems, legal regulation mechanisms that ensure consistency and continuity of scientific research results. This article examines the impact of scientific analysis of foreign law and acts of international law on the development of the administrative law science at different development stages of one of the Institute’s oldest scientific schools — the School of Administrative Law. The article demonstrates the possibility of perception of positive scientific results, ideas, views and positions of leading scientists of the School through theory and practice of modern public administration in the process of finding legal solutions for regulation of new phenomena that require streamlining.
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Shelton, Dinah. "Normative Hierarchy in International Law." American Journal of International Law 100, no. 2 (April 2006): 291–323. http://dx.doi.org/10.1017/s0002930000016675.
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Systems of law usually establish a hierarchy of norms based on the particular source from which the norms derive. In national legal systems, it is commonplace for the fundamental values of society to be given constitutional status and afforded precedence in the event of a conflict with norms enacted by legislation or adopted by administrative regulation; administrative rules themselves must conform to legislative mandates, while written law usually takes precedence over unwritten law and legal norms prevail over nonlegal (political or moral) rules. Norms of equal status must be balanced and reconciled to the extent possible. The mode of legal reasoning applied in practice is thus naturally hierarchical, establishing relationships and order between normative statements and levels of authority.
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MORA RUIZ, Manuela. "La simplificación administrativa en el Derecho comparado: el ejemplo de Portugal. Elementos exportables para una construcción sistemática del procedimiento administrativo desde la simplificación." RVAP 97, no. 97 (December 30, 2013): 349–78. http://dx.doi.org/10.47623/ivap-rvap.97.2013.10.
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LABURPENA: Administrazio Zuzenbidea erreformatzeko eta/edo modernizatzeko abian diren prozesuek dauzkaten printzipioen artean, Administrazioa sinplifikatzean datzana funtsezkoa da. Nazioarteko erakundeak Administrazioa sinplifikatzeko tresnak bultzatzen ari dira, eta gure inguruko herrialdeak hainbat modutara ari dira printzipio hori aplikatzen, administrazio-prozeduran zuzenean txertatuta. Lan honetako azterketa Zuzenbide konparatuan oinarritzen da, Portugalen administrazio-sinplifikazioa zer-nola txertatu duten begiratuz. Ikuspegi horretatik, Portugaleko ordenamendu administratiboa erreferente gisa har daiteke, bai administrazioa sinplifikatzeko egiazko politika diseinatzeagatik, bai administrazio-prozeduraren bidez teknikak positibatzeagatik, agerian jarriz erakunde hori oso egokia dela Administrazio Zuzenbidearen funtsezko aldaketak islatzeko. RESUMEN: La simplificación administrativa constituye un principio clave en los procesos de reforma y/o modernización del Derecho Administrativo que se están planteando en la actualidad. Los instrumentos de simplificación administrativa se están impulsando desde organizaciones internacionales, y están siendo acogidos de manera diversa en los países de nuestro entorno, proyectándose directamente sobre el procedimiento administrativo. Este Trabajo pretende un estudio de Derecho Comparado en torno a la incorporación de la simplificación administrativa en Portugal. Desde esta perspectiva, el Ordenamiento administrativo portugués puede considerarse un referente tanto en el diseño de una auténtica política de simplificación administrativa, como en la positivación de sus técnicas a través del procedimiento administrativo, poniendo de manifiesto la idoneidad de esta Institución para reflejar cambios fundamentales del Derecho Administrativo. ABSTRACT: Administrative simplification is one of the keys of the process of modernization of Administrative Law nowadays. The simplification techniques and instruments are taking place in administrative procedure because of the International Organizations’ interest and the resultant implementation process is different from one country to another. Therefore, this Paper aims to present a comparative study of the Portuguese Administrative Law regarding the bases and instruments of administrative simplification, so that Portugal can be considered as a reference in order to design a public policy of simplification and to incorporate its techniques in administrative procedure. From this point of view, we should remark how administrative procedure is a basic institution to reflect the changes of Administrative Law with regard to the principle of administrative simplification.
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Robalino-Orellana, Javier. "International Investment and Administrative Law in Latin America." Proceedings of the ASIL Annual Meeting 101 (March 2007): 465–68. http://dx.doi.org/10.1017/s0272503700026409.
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Schöndorf-Haubold, Bettina. "The Administration of Information in International Administrative Law - The Example of Interpol." German Law Journal 9, no. 11 (November 1, 2008): 1719–52. http://dx.doi.org/10.1017/s2071832200000638.
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The photos of the presumed child abuser were published all around the world and resulted in the arrest of the wanted person in no time. Within only a few months, Interpol has twice issued public searches for wanted persons on its own initiative. The immediate success seemed to justify the measures. Does Interpol evolve into a veritable international criminal police? Since Interpol's competences for operational measures are still limited, it seems more appropriate to qualify Interpol as an agency with purely coordinative and providing functions and, accordingly, as an example for international administration.
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Harlow, Carol. "Law and public administration: convergence and symbiosis." International Review of Administrative Sciences 71, no. 2 (June 2005): 279–94. http://dx.doi.org/10.1177/0020852305053886.
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In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on ‘soft law’ techniques. The article notes the growing use of ‘soft law’ and recourse to ‘soft’ techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of ‘good governance’ and ‘principles of good administration’ acceptable to both sides are promulgated and enforced by courts. As ‘good governance’ standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.
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Gulati, Rishi. "An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric?" Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 210–70. http://dx.doi.org/10.1163/13894633_021001008.
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Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Justice, I first show how what I call an international procedural law of fair trial has been developed and requires that basic due process guarantees must be accorded wen delivering international administrative justice. I then develop fair trial standards with greater nuance, especially focusing on the quality of independence and impartiality. Then, the paper engages in a detailed analysis of the leading international administrative tribunals in terms of compliance with fair trial standards, concluding that significant deficits exist. If a fair trial for international civil servants is to be guaranteed, significant structural reforms are necessary.
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Boughey, Janina. "ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW." International and Comparative Law Quarterly 62, no. 1 (January 2013): 55–95. http://dx.doi.org/10.1017/s0020589312000553.
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AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.
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Woźniak, Marta. "The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland." Opolskie Studia Administracyjno-Prawne 15, no. 4 (December 10, 2017): 85–99. http://dx.doi.org/10.25167/osap.1234.
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The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.
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Koskenniemi, Martti, and Päivi Leino. "Fragmentation of International Law? Postmodern Anxieties." Leiden Journal of International Law 15, no. 3 (September 2002): 553–79. http://dx.doi.org/10.1017/s0922156502000262.
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Successive ICJ Presidents have expressed concern about the proliferation of international tribunals and substantive fragmentation of international law. This is not a new phenomenon. International law has always lacked a clear normative and institutional hierarchy. The problem is more how new institutions have used international law to further new interests, especially those not predominant in traditional law. The anxiety among ICJ judges should be seen less as a concern for abstract “coherence” than a worry about the demise of traditional principles of diplomatic law and the Court's privileged role as their foremost representative. As jurisdictional conflicts reflect divergent political priorities, it is unclear that administrative co-ordination can eliminate them. This does not, however, warrant excessive worries over fragmentation; it is an institutional expression of political pluralism internationally.
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Weaver, Russell, Denis Lemieux, and Laverne Jacobs. "TRANSNATIONAL AND COMPARATIVE ADMINISTRATIVE LAW: PAPERS FROM THE SIXTH ADMINISTRATIVE LAW DISCUSSION FORUM, QUÉBEC CITY." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 243. http://dx.doi.org/10.22329/wyaj.v28i2.4497.
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On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.
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Manocha, Dushyant. "The Emergence of Global Administrative Law and International Institutions." Foreign Trade Review 42, no. 4 (January 2008): 42–66. http://dx.doi.org/10.1177/0015732515080403.
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Örūcu, Esin. "Conseil D'etat: The French Layer of Turkish Administrative Law." International and Comparative Law Quarterly 49, no. 3 (July 2000): 679–700. http://dx.doi.org/10.1017/s0020589300064447.
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In both the Ottoman Empire and the Turkish Republic, legal reform efforts have invariably relied on Western models and in administrative law this model has been the French. The first such effort was with the Tanzimat (The Charter of Reformation) in 1839, though these reforms did not have deep effect until the 1860s when the bases of the main administrative institutions such as the Turkish Conseil d'Etat were laid down.1 However, the Conseil d'Etat was not the only institutional model taken from France. The French layer of Turkish administrative law includes other institutions such as the Cour des Comptes, the Tribunal des Conflits, some financial organisations, the system of autonomous provincial and local administration and administrative tutelage.2
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von Bogdandy, Armin, and Philipp Dann. "International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority." German Law Journal 9, no. 11 (November 1, 2008): 2013–39. http://dx.doi.org/10.1017/s2071832200000730.
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The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.
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NAGORNYKH, R. V. "Theoretical approaches to the definition of the subject of administrative law and process." Ius Publicum et Privatum 2, no. 12 (June 30, 2021): 138–49. http://dx.doi.org/10.46741/2713-2811-2021-2-138-149.
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The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples
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Krisch, Nico. "The Pluralism of Global Administrative Law." European Journal of International Law 17, no. 1 (February 1, 2006): 247–78. http://dx.doi.org/10.1093/ejil/chi163.
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Kaplunov, Andrey, and Vladimir Ukhov. "International scientific and practical conference relevant issues of administrative and administrative procedure law (Sorokin Readings) (March 27, 2020, Saint Petersburg)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (July 21, 2020): 172–82. http://dx.doi.org/10.35750/2071-8284-2020-2-172-182.
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March 27, 2020 in the Saint-Petersburg University of MIA of Russia held a plenary meeting of the international scientific-practical conference (Sorokin readings), which was presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, administrative and administrative procedural law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
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Cucić, Vuk. "Administrative Law Challenges of Post-Clearance Audit in Serbia." Anali Pravnog fakulteta u Beogradu 69, no. 1 (March 23, 2021): 231–49. http://dx.doi.org/10.51204/anali_pfbu_21109a.
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Most imported/exported goods are not controlled by customs authorities at the border. This allows for the fast release of goods and the better functioning of international trade. The backbone of this system consists of customs declarations filed by the importers/exporters, selective control at the border, based on risk assessment, and the post-clearance audit (PCA) of the accepted customs declarations. This pape r deals with the questionable practice of the Serbian Customs Administration with regard to the conducting of the PCA, particularly its relation with the Law on General Administrative Procedure and the issues related to the classification of goods according to customs tariff. The author identifies issues regarding the transparency, interpretation and implementation of the PCA in Serbia and contests the (internationally recognized) practice of changing the classification of goods in accepted customs declarations. The author proposes possible solutions for identified challenges.
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KEGEMBAYEVA, Zhanar, and Abzal ABDIKHALIKOV. "Administrative Coercion in the Activity of Law Enforcement Bodies." Journal of Advanced Research in Law and Economics 10, no. 3 (June 30, 2019): 787. http://dx.doi.org/10.14505//jarle.v10.3(41).13.
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This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in the Republic of Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.
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Kessler, Jeremy, and Charles Sabel. "The Uncertain Future of Administrative Law." Daedalus 150, no. 3 (2021): 188–207. http://dx.doi.org/10.1162/daed_a_01867.
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Abstract A volatile series of presidential transitions has only intensified the century-long conflict between progressive defenders and conservative critics of the administrative state. Yet neither side has adequately confronted the fact that the growth of uncertainty and the corresponding spread of guidance–a kind of provisional “rule” that invites its own revision–mark a break in the development of the administrative state as significant as the rise of notice-and-comment rulemaking in the 1960s and 1970s. Whereas rulemaking corrected social shortsightedness by enlisting science in the service of lawful administration, guidance acknowledges that both science and law are in need of continual correction. Administrative law has the resources to ensure that the provisionality of guidance does not lead to the abuses that conservatives fear. But to deploy those resources–and to carry through the reforms of administrative organization that are their natural complement–progressives must rethink their commitments to judicial deference to administrative authority and administrative deference to presidential authority, commitments on which the progressive defense of the administrative state currently depends.
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Kryvoi, Yaraslau. "Procedural Fairness as a Precondition for Immunity of International Organizations." International Organizations Law Review 13, no. 2 (April 13, 2016): 255–72. http://dx.doi.org/10.1163/15723747-01302003.
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This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.
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Agudo González, Jorge. "La superación del paradigma territorial y sus efectos en el Derecho Administrativo. Bases normativas del Derecho Administrativo transnacional // The overcoming of territorial paradigm and its effects in Administrative Law. Normative Basis of Transnational Administrative Law." Revista de Derecho Político 1, no. 103 (December 16, 2018): 155. http://dx.doi.org/10.5944/rdp.103.2018.23200.
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Resumen:El Derecho Administrativo aborda con creciente frecuencia fenómenos jurídicos que podemos denominar como «transnacionales». Esta calificación se debe a que no son susceptibles de una ordenación integral por el Derecho Administrativo estatal. En este estudio abordamos el análisis de esos fenómenos jurídicos desde la perspectiva del principio de territorialidad. El objetivo es mostrar los efectos de la incompatibilidad de fenómenos inherentes a la globalización con el paradigma de la territorialidad del Derecho Administrativo y su concepción estatutaria como Derecho del Estado. El estudio comienza con una exposición sobre la trascendencia del principio de territorialidad en la Teoría General del Estado y en la Teoría jurídica; esta parte analiza la relevancia del territorio como base y límite del poder público, y en las relaciones con otros ordenamientos. A continuación, el estudio aborda los fenómenos jurídicos alumbrados en el contexto actual de fragmentación y pluralismo jurídico, para mostrar una realidad jurídica que condiciona la capacidad explicativa del principio de territorialidad. La constatación de la superación del paradigma territorial del Derecho Administrativo provoca la necesidad de afrontar las consecuencias de ese panorama jurídico transformador. El estudio muestra cómo la desterritorialización del Derecho tiene implicaciones directas no sólo en las relaciones entre órdenes normativos, sino también en la summa divisio, al igual que en la vis autoritaria que tradicionalmente ha caracterizado al Derecho Administrativo. Estas transformaciones abren paso a un Derecho Administrativo no exclusivamente estatal, basado en relaciones interordinamentales y focalizado en relaciones jurídicas dinámicas. SummaryI. Introduction. II. The Territoriality Principle in the State General Theory and in the Legal Theory. 1. The territoriality and exclusivity principles of sovereign power. 2. State law «toward outward». 2.1. Foundations of international law. 2.2. Conflicts of laws and private international Law. III. The Loss of Centrality of the Territoriality Principle. 1. The overcoming of the exclusivity of State law. 1.1. Legal fragmentation and international (private) «norms». 1.2. Administrativelaw is international law and vice versa. 1.3. Relations between State legal orders. 2. The overcoming of the division public law versus private law. IV. Final Remarks: the «Relational Character» of the Transnational Administrative Law. 1. From the exclusivity and the completness of the State Administrative Law to the relations between legal orders and conflicts of law. 2. From an authoritarian conception centered in static legal status, to a conception ex parte civium and focused on dynamic legal relationships. Abstract:Administrative Law is increasingly tackling with legal phenomena that can be named as «transnational». This denomination is due to the fact that cannot be embraced entirely by State Administrative Law. In this paper we approach the analysis of these legal phenomena from the perspective of the territoriality principle. The objective of this paper is to show the effects of the incompatibility of a legal phenomenon inherent to globalization, with the paradigm of the territoriality of Administrative Law and its statutory conception as State law. The study begins with an exposition on the relevance of the territoriality principle in the State General Theory and in the Legal Theory; for this reason, we analyze the relevance of the territory as the basis and limit of public power, but also in the relations other legal orders. Then the study deals with the current context of fragmentation and legal pluralism to show a legal reality that undermines the explanatory capacity of the territoriality principle. The verification of the overcoming of the territorial paradigm of Administrative Law causes the need to face the consequences of this transforming legal reality. The paper shows to what extent the deterritorialization of law has direct implications not only in the relations between legal orders, but also in the «summa divisio» and in the traditional authoritarian characterization of Administrative Law. These changes open the scene to a non-statist legal regime, based on relations between legal orders and focused on dynamic legal relations.
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Hawamdeh, Ghaleb. "Countering the Crimes of Administrative Corruption in the International Law." International Journal of Asian Social Science 8, no. 9 (2018): 751–69. http://dx.doi.org/10.18488/journal.1.2018.89.751.769.
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SADOUN, Shaymaa. "ARBITRATION TO RESOLVE DISPUTES OF INTERNATIONAL ADMINISTRATIVE CONTRACTS." RIMAK International Journal of Humanities and Social Sciences 03, no. 06 (July 1, 2021): 291–306. http://dx.doi.org/10.47832/2717-8293.6-3.27.
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The judiciary is the natural way to resolve disputes and the means of establishing justice in society among its various members, because the judiciary is a manifestation of state sovereignty and can only be exercised by the public authority of the State. Since Iraq is one of the states that adopt a system of double law and justice and enshrined its constitution and laws, the adjudication of disputes in which the administration as a governing body exists is a public authority of the administrative judiciary, as the subject of the dispute was based on a single act, but in the view of the ordinary judiciary, it was a contract. The refore, the need for a more effective and effective approach to the implementation of the agreement sought to ensure that the parties are able to meet the needs of the international community. Common law people as a public authority, and although some jurisprudence is opposed to the inclusion of the arbitration clause in administrative contracts in general and administrative contracts of a particularinternational nature, economic and social changes have made it imperative to resort to it, which has led to increased interest in alternative methods of resolving disputes in various legal and judicial systems.
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Zaring, David. "Response to Richard Stewart, “Remedying Disregard in Global Regulatory Governance”." AJIL Unbound 108 (2014): 145–47. http://dx.doi.org/10.1017/s239877230000204x.
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The globalization of administration is the most interesting thing happening in both administrative and international law. Richard Stewart’s article in the April 2014 issue of the American Journal of International Law is a brilliant tour of the horizon of the problems and prospects of this sort of lawmaking. It reflects the work he has done, along with Benedict Kingsbury, as a member of the Global Administrative Law (GAL) Project, housed at New York University Law School and joined by academics all over the world. I am a GAL fellow traveler, if not a paid member, and so I found the paper necessary. Global coordination is setting the standards for national administration in a vast array of issue areas, and surely is the most vibrant and rapidly developing form of international governance. It needs both organization and problematizing, and in this article, Stewart offers both.
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Goes, Pieter. "Legal Framework relating to Alternative Dispute Resolution in Belgian Public Law." Central European Public Administration Review 12, no. 2-3 (November 6, 2014): 143–61. http://dx.doi.org/10.17573/ipar.2014.2-3.a08.
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The application of alternative dispute resolution is increasing in Belgian administrative law hand in hand with the move towards a more bilateral relationship between administration and citizens, characterized by reciprocity and dialogue. The specific character of public law is the cause of specific legal problems and limitations. This paper examines these restrictions and their opportunities as a contribution to the creation of a theoretical framework for alternative dispute resolution in administrative law and serves in an international context as an overview of this theme.
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Khandanian, Rafik. "PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT." Administrative law and process, no. 2(25) (2019): 43–66. http://dx.doi.org/10.17721/2227-796x.2019.2.04.
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The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019). The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia). The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.
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DUBBER, MARKUS D. "Common Civility: The Culture of Alegality in International Criminal Law." Leiden Journal of International Law 24, no. 4 (November 3, 2011): 923–36. http://dx.doi.org/10.1017/s0922156511000434.
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AbstractWritten from an outsider's perspective, this paper tries to capture the ethos, or, if you prefer, the Sittlichkeit, of international criminal law. It argues that international criminal law can profitably be seen as an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical–administrative enterprise rather than a legal one. If placed alongside global administrative law, for instance, international criminal law appears as alegal rather than illegal, so that to criticize international criminal law for violating, say, the ‘principle of legality’ would be like faulting apples for not producing orange juice, and oranges for not making apple pie.
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Hepburn, Jarrod. "THE DUTY TO GIVE REASONS FOR ADMINISTRATIVE DECISIONS IN INTERNATIONAL LAW." International and Comparative Law Quarterly 61, no. 3 (July 2012): 641–63. http://dx.doi.org/10.1017/s0020589312000309.
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AbstractAs scholars in the Global Administrative Law project have recognized, doctrines familiar from domestic administrative systems are beginning to appear, in nascent forms, in some areas of international law. This article makes a first attempt to examine the appearance of one such doctrine, the duty to give reasons for administrative decisions, in international case-law. The existence of and rationales for this duty have been contentious in many domestic jurisdictions. The article thus considers the extent to which these debates have been replicated amongst adjudicators at the international level. The focus is on cases in the areas of WTO law, investment law and human rights law. It is found that the case law is not yet extensive, and (perhaps as a result) that no coherent picture emerges. In contrast to domestic systems, the areas examined in international law demonstrate some agreement on the desirability of the duty. However, different international adjudicators have recognized different rationales for the duty, with only limited consensus even within each area of international law studied.
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Hasanat, Md Waliul. "International cooperation in the Northern Forum: emerging new norms in international law?" Polar Record 48, no. 4 (October 31, 2011): 372–86. http://dx.doi.org/10.1017/s0032247411000404.
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ABSTRACTThe Northern Forum has been in existence for more than two decades. The cooperative initiatives implement through the forum allow sub-national governments from different parts of the world to improve the quality of life of northern inhabitants and to support their sustainable development. Over time, the forum has established a clear structure with self-created rules and guidelines. However, its legal status is somewhat ambiguous: it has neither fulfilled the essential criteria of an international organisation nor that of an intergovernmental cooperative body. Nevertheless, these shortcomings are not immense obstacles to the forum's ability to serve the well being of residents of the northern regions. The forum has granted membership to business organisations, as well as to sub-national governments, which is an innovative concept in international cooperation. This article examines the evolution, administrative system, and legal status of the forum along with its contribution to the development of international law. The article concludes with observations on how this unique international regional co-operation forum could be characterised under international law and whether it has any influence in creating new norms in international administrative and environmental law.
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Andrés Aucejo, Eva. "Towards an International Code for administrative cooperation in tax matter and international tax governance." Revista Derecho del Estado, no. 40 (December 13, 2017): 45–85. http://dx.doi.org/10.18601/01229893.n40.03.
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There is not a “Global Code” that encodes the duty of cooperation between tax authorities in the world, concerning the global tax system. This article addresses this issue by proposing a global Code of administrative cooperation in tax matters including both tax relations: between States, and between States, taxpayers and intermediary’s agents. It follows a wide concept of tax governance. The findings of this research have highlighted several practical applications for future practice. article analyses, firstly, the State of the question, starting with the legal sources (international and European sources of hard law and soft law) reviewing the differences with the Code as here proposed. It also examines some important Agents who emit relevant normative in international administrative tax cooperation and the role that these agents are developing nowadays (sometimes international organizations but also States like the United States, which Congress enacted the Foreign Account Tax Compliance Act, FATCA). Overlapping and gaps between different regulations are underlined. Finally, the consequences of this “General Code” lack for the functioning of a good international governance, are described. Hence, the need to create an International Cooperation Code on tax matters and international fiscal governance is concluded. That Code could be proposed by any International Organization as the World Bank nature, for instance, or the International Monetary Fund or whichever International or European Organization. This instrument could be documented through a multilateral instrument (soft law), to be signed by the States to become an international legal source (hard law). Filling this Code as Articulated Text (form) could be very useful for the International Community towards an International Tax Governance.
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Kaiser, Karen. "WIPO's International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties." German Law Journal 9, no. 11 (November 1, 2008): 1597–624. http://dx.doi.org/10.1017/s2071832200000596.
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Although the World Intellectual Property Organization (WIPO) is a technical intergovernmental organization with a limited mandate, it has been entrusted with a panoply of tasks. These include, inter alia, the international harmonization of intellectual property law, the administration of fee-based global intellectual property protection services, and the delivery of dispute resolution services to individuals. While the central role of WIPO in the continuous development of substantive intellectual property law has been questioned by developing countries, the administrative activities of WIPO have remained largely unscathed by critique and, therefore, have not attracted much attention. They revolve around the international filing, registration or recognition of industrial property rights, such as patents, industrial designs and trademarks, and provide an interesting perspective on the law of international institutions.
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Schwarze, Jürgen. "ENLARGEMENT, THE EUROPEAN CONSTITUTION, AND ADMINISTRATIVE LAW." International and Comparative Law Quarterly 53, no. 4 (October 2004): 969–84. http://dx.doi.org/10.1093/iclq/53.4.969.
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The subject of this article is the current state of administrative law in the context of the European integration. It will indicate the prospects for development of administrative law offered by the Convention on the Future of Europe, and its proposed European Constitution, as well as the enlargement of the EU which has taken place. The focus is on rules and general principles of European administrative law. They constitute the main sources of administrative law—written rules as well as unwritten judge-made law, and both the development of these sources and their mutual influence are subjects of the present article.
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Barr, Michael S., and Geoffrey P. Miller. "Global Administrative Law: The View from Basel." European Journal of International Law 17, no. 1 (February 1, 2006): 15–46. http://dx.doi.org/10.1093/ejil/chi167.
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Pankova, O. V. "The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 57–64. http://dx.doi.org/10.17803/1994-1471.2020.121.12.057-064.
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The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.
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Noviani, Riktin, and Garry Gumelar Pratama. "LEGITIMIZATION OF JERUSALEM EMBASSY ACT ACCORDING TO INTERNATIONAL LAW." Diponegoro Law Review 6, no. 1 (April 30, 2021): 108–22. http://dx.doi.org/10.14710/dilrev.6.1.2021.108-122.
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Jerusalem is a special entity under the administrative power of United Nations according to United Nations General Assembly Resolution 181, where Jerusalem does not fall under the sovereignty of any state. Jerusalem Embassy Act is the public law of United States which recognized Jerusalem as the capital city of Israel by establishing a diplomatic mission in the city.This paper concludes that Jerusalem Embassy Act is illegitimate according to international law. It turns its back to international obligation under the Vienna Convention on Diplomatic Relations 1961 and UN resolutions.Thus, the Jerusalem Embassy Act has to be pulled back by the US parliament in order to maintain international peace and security, bearing in mind the ongoing dispute between Palestine and Israel.
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HOWLAND, DOUGLAS. "An alternative mode of international order: The international administrative union in the nineteenth century." Review of International Studies 41, no. 1 (May 14, 2014): 161–83. http://dx.doi.org/10.1017/s0260210514000114.
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AbstractA novel form of international order was developed in the nineteenth century by international administrative unions such as the International Telegraph Union and the Universal Postal Union. This administrative internationalism posed a striking alternative to the international society of great powers, sovereignty, and forms of imperial domination, for the members of administrative unions included not only sovereign states but also semi-sovereigns, vassals, and colonies. Members were equal and bound identically to the union treaty and its international administrative law. This article examines the structure of unions and their politics of membership in the nineteenth century, and engages theories of global governance to argue that early administrative unions present a mode of international order different from theories of both global networks and the international system of neorealism.
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Monti, G. "Osman v. UK—Transforming English Negligence Law into French Administrative Law?" International and Comparative Law Quarterly 48, no. 4 (October 1999): 757–78. http://dx.doi.org/10.1017/s0020589300063673.
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Liability of public authorities is limited in all European countries. In Osman v. UK1 the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.
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Birmingham, Peg. "Hannah Arendt’s Philosophy of Law Approach to International Criminal Law." International Criminal Law Review 14, no. 4-5 (July 31, 2014): 695–716. http://dx.doi.org/10.1163/15718123-01405001.
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My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.
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Taheri, Shila, and Hassan Soleimani. "A Comparative Study of Executive Guaranty of Arbitration at International Law (International Court of Arbitration and the New York Convention) and Iranian Law." Journal of Politics and Law 9, no. 5 (June 29, 2016): 145. http://dx.doi.org/10.5539/jpl.v9n5p145.
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The present study is an attempt to analyze the executive guaranty of arbitration at international law within internal Iranian law and the international law. The present research findings show that within internal law in case the arbitration verdict is not carried out voluntarily then its obligatory administration is under the support of law and has legal executive guaranty. But arbitration privilege at administration stage is not limited to the fact that any arbitration verdict is to be performed without any questioning but a significant aspect of this privilege is to prevent the administration of a verdict which is altered or creased and openly against the facts or the law. In international law the international commerce chamber arbitration system is the most important international trade arbitration system in contemporary period and has always been the influential forerunner in international arbitration and has had a significant role in the development and expansion of arbitration method of settling international trade disputes. Both the chamber arbitration rules and arbitration verdicts which are issued under the chamber arbitration framework are among the most important legal resources in terms of international arbitration and are considered as the constructive and formative factors of international arbitration procedure. It should be mentioned that commerce chamber arbitration organization lacks the executive tools to execute the arbitration verdicts. But in spite of that on the basis of arbitration rules article 35 the arbitration authority and the chamber arbitration court makes attempts to execute the verdict and the purpose is mostly the official measures rather than judicial or administrative. Principally, the execution of arbitration verdicts depend on state rules and regulations where from the identification and administration of verdict is requested.