Relevant bibliographies by topics / International Court of Justice

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'International Court of Justice'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 June 2025

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Journal articles on the topic "International Court of Justice"

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Guez, Guillaume. "International Court of Justice." International Journal of Marine and Coastal Law 33, no. 4 (2018): 827–35. http://dx.doi.org/10.1163/15718085-12334007.

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Abstract In its judgment of 2 February 2018 in the joined cases between Costa Rica and Nicaragua, the International Court of Justice held that Harbor Head Lagoon and the sandbar separating it from the Caribbean Sea belonged to Nicaragua, thereby creating an enclave on the Costa Rican coast. Despite this finding, the Court decided to disregard it when establishing the maritime delimitation. This article aims at showing that such a solution is incompatible with the United Nations Convention on the Law of the Sea as well as examining the options left to the Court to remedy the impracticality of the situation in accordance with the applicable law.
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Scott, Shirley V., and Lucia Oriana. "International Court of Justice." International Journal of Marine and Coastal Law 29, no. 3 (2014): 547–57. http://dx.doi.org/10.1163/15718085-12341323.

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Graham, Kimberley. "International Court of Justice." International Journal of Marine and Coastal Law 30, no. 2 (2015): 361–70. http://dx.doi.org/10.1163/15718085-12341348.

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Ong, David M. "International Court of Justice." International Journal of Marine and Coastal Law 14, no. 3 (1999): 399–414. http://dx.doi.org/10.1163/157180899x00219.

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Lesaffer, Randall. "INTERNATIONAL COURT OF JUSTICE." Tilburg Law Review 10, no. 2 (2002): 194–205. http://dx.doi.org/10.1163/221125902x00204.

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Tanaka, Yoshifumi. "International Court of Justice." International Journal of Marine and Coastal Law 23, no. 2 (2008): 327–46. http://dx.doi.org/10.1163/092735208x295864.

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Chayka, K. L. "The Genesis of International Justice." Rossijskoe pravosudie 2 (January 28, 2021): 13–19. http://dx.doi.org/10.37399/issn2072-909x.2021.2.13-19.

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The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.
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Keith, KJ. "THE INTERNATIONAL COURT OF JUSTICE AND CRIMINAL JUSTICE." International and Comparative Law Quarterly 59, no. 4 (2010): 895–910. http://dx.doi.org/10.1017/s0020589310000588.

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AbstractDespite appearances to the contrary, the International Court of Justice can and does have much to say on matters of criminal justice. This article considers four areas in which such matters arise before the Court: jurisdiction over criminal offences allegedly committed abroad and immunity from that jurisdiction; principles of individual criminal liability and the potential for concurrent State responsibility; issues of evidence and proof; and the Court's review of the exercise of those domestic criminal powers which are subject to international regulation. In the process of addressing these issues, the ICJ has contributed to the development of fundamental principles of criminal law, while drawing on the experience of domestic courts.
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Shelton, Dinah. "The Participation of Nongovernmental Organizations in International Judicial Proceedings." American Journal of International Law 88, no. 4 (1994): 611–42. http://dx.doi.org/10.2307/2204133.

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Nongovernmental organizations are playing an increasingly important role in international litigation. This study will analyze the participation of nongovernmental organizations, primarily as amici curiae, in the proceedings of four permanent international courts: the International Court of Justice, the European Court of Justice, the European Court of Human Rights and the Inter-American Court of Human Rights. After discussing the impact of amici in national and regional courts, it recommends that the International Court of Justice expand its acceptance of submissions from nongovernmental organizations in appropriate cases. The Court has a jurisdictional basis to do so and amici have usefully contributed to cases before other courts.
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Olesiuk-Okomska, Magda. "INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS." International Journal of Legal Studies ( IJOLS ) 2, no. 2 (2017): 71–84. http://dx.doi.org/10.5604/01.3001.0012.2220.

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Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.
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Dissertations / Theses on the topic "International Court of Justice"

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Maciolek, Nicholas. "Justiciability before the International Court of Justice." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648848.

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Madakou, Anna. "Intervention before the International court of justice /." Genève : l'auteur, 1988. http://catalogue.bnf.fr/ark:/12148/cb34945238r.

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Spiermann, Ole. "International legal argument in the Permanent Court of International Justice." Thesis, University of Cambridge, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368607.

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Wallentine, Kevin. "In Pursuit of Justice: Strengthening the International Criminal Court." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/448.

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Current opinion pieces ask broad questions such as "Is the ICC worth it" while only focusing on a specific aspect of the ICC such as its budget or the work of the Office of the Prosecutor. Given the incredibly complex nature of human rights violations as well as the difficulty in assembling an international regime to deal with them, answering such questions requires a more complete analysis of the Court's functions, dynamics, and predecessors. The background chapter that discussed trends in international judicial organizations leading up to the creation of the ICC examined the Nuremberg International Military Tribunal, the interregnum national commissions, the Spanish Universal Jurisdiction system, the International Criminal Tribunal for the Former Yugoslavia, and the Inter-American Court of Human Rights, addressing key pitfalls that such organizations faced (including victors' justice and unilateralism) while noting how the ICC's policies and structure differed from its predecessors'. The dynamics chapter highlighted eight key elements currently affecting how the Court works– the member states who have ratified the Rome Statute, the Court's ability to apprehend criminals, the international response to ICC actions, how prosecutions may be initiated, the explicit and implicit functions of the Court, its consensus policymaking, the Court's budget and finances, and the role of the United States. With these dynamics in mind, the policy alternatives chapter recommended three actions that could serve to strengthen the ICC's capabilities – increasing its member states, increasing compliance with its warrants through different types of international agreements, and increasing its budget to be able to handle more cases. Following these policy alternatives to their likely outcomes in the policy forecast section, I analyzed how they would affect the ICC's effectiveness, its ability to gain more member states, and the member states themselves. Through this more comprehensive analysis that takes into account the external and internal factors affecting the ICC, this thesis offers realistic ways that the ICC can improve its capabilities and achieve its mission of ending impunity for war criminals.
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Green, James A. "The International Court of Justice and self-defence in international law." Thesis, University of Nottingham, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491126.

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The legal rules governing the use of force between States is one of the most fundamental, and the most controversial, aspects of international law. An essential part of this area is the question of when, and to what extent, a State may lawfully use force against another in self-defence. This is particularly pertinent in the current climate within international relations when one considers that self-defence may be a possible means by which a State may respond to terrorist activity. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This thesis examines the relationship between the Court and the right of self-defence. Following the attacks of 11 September 2001, there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions. This is in contrast to only two such cases in the preceding fifty years. Thus, the jurisprudence of the Court on this issue has for the first time been comprehensively drawn together, and then the merits of that jurisprudence have been assessed. It is argued that the contribution of the ICJ has been confused and unhelpful, and, moreover, is at odds with customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively severe use of force must be brought into question.
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Gallavin, Christopher. "The International Criminal Court : friend or foe of international criminal justice?" Thesis, University of Hull, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418822.

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Sperfeldt, Christoph. "Practices of Reparations in International Criminal Justice." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/149070.

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This thesis examines the practical project to make international criminal justice more victimoriented by giving it an additional reparations function. Animated by the dissonance between the idea of reparations and its practice in international criminal justice, this study relies on the firstever reparations orders by the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) to complement legalistic accounts in the scholarly literature with a socio-legal inquiry. Drawing on practice theory, I use the notion of ‘practices’ as an analytical lens to show forms of social actions that together enable and constrain reparations. Rather than starting with preconceived notions of reparations, this approach draws attention to the multitude of practices of judges, lawyers, diplomats, NGO workers and others that often get overlooked in scholarly research. I ask: what are the practices associated with reparations in international criminal justice? And how do these practices shape the possibilities and meanings of reparations? Building on documentary analysis, ethnographically informed fieldwork and practitioner interviews, this study makes visible the often hidden practices that together form the social life of reparations. This thesis identifies what practices exist, how they come to be, how they work, and what meanings and effects they produce. My observations are structured along four phases of the social life of reparations – norm-making, engagement with conflict-affected populations, adjudication and implementation – and focus on two case studies: the cases Lubanga and Katanga at the ICC, concerning the Ituri district of the Democratic Republic of Congo, and Cases 001 and 002/01 at the ECCC in Cambodia. The thesis shows how contestations over sometimes irreconcilable visions of justice are at the core of the production of reparations. The incorporation of competing rationales into the legal frameworks of both Courts continues to affect their operations. The study demonstrates how actors at and around these Courts actively mediate these tensions, through their practices, when they are giving effect to their reparations mandates in different social contexts. I identify a range of communicative, representational and adjudicative practices that simultaneously constrain action and become sources of flexible adaptation to make reparations fit new circumstances. However, these practices are not able to overcome the limitations that are inherent in the Courts’ juridical approach. The thesis indicates that the promise of more 'victim-oriented justice' through reparations has been realised only superficially, and that reparations remain marginalised and subordinated to the dominant logics of the criminal trial. I call for an appreciation of the limits of recasting international criminal justice as a site for realising reparative ambitions. This does not mean that there is no role for reparations in international criminal justice. I argue that the role is a more modest one than the literature or advocates often suggest – one that is rooted in the Courts’ symbolic powers to recognise, rather their ability to deliver tangible and equitable reparations to a large number of survivors.
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Ullrich, Leila. "Schizophrenic justice : exploring 'justice for victims' at the International Criminal Court (ICC)." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:8d73d52b-9cd6-4d06-b613-69b0827aa03e.

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This thesis examines how the promise and institutionalization of 'justice for victims' has shaped the ICC's justice vision and identity. Drawing on interviews with 90 practitioners in The Hague, Kenya and Uganda, it undertakes a sociological and institutional analysis of how 'justice for victims' has evolved in the Court's first two decades through the definitions and redefinitions, pushes and pulls, strategies and miscalculations of the Court's diverse actors both in The Hague and in the field. It argues that the introduction of 'justice for victims' has led to a rift within the Court between those who embrace a narrow understanding of justice as 'fair trials' and those who see the ICC as an opening for broader justice processes. These rifts and gaps are reinforced by the Court's actors in the field such as victims' lawyers and intermediaries who sometimes assume political advocacy roles beyond what the Court's judges envisaged or follow their parochial interests on the ground. While the ICC's judges have increasingly curtailed victim participation and reparation in the court room, the Court's practices on the ground reflect an uneasy fusion of legal justice, development, local and national politics with a proliferation of new justice concepts including 'transformative justice' and 'gender justice'. So far, these justice contestations have not chipped away, much less undermined, the Court's legitimacy. Rather, the Court has thrived on its justice contradictions; its failure to commit to any particular justice vision while loosely relating to all possible visions, has made the Court impervious to critique. But the thesis will also show that 'justice for victims' at the ICC is schizophrenic: it is inherently unstable and its contradictory dynamics may at some point rip the concept apart - and with it the Court's legitimacy.
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice." Doctoral thesis, Università degli studi di Trento, 2012. https://hdl.handle.net/11572/368372.

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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive†or “proactive†complementarity. This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice." Doctoral thesis, University of Trento, 2012. http://eprints-phd.biblio.unitn.it/744/1/Thesis_Complementarity__Pisani.pdf.

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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive” or “proactive” complementarity. This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Books on the topic "International Court of Justice"

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Rosenne, Shabtai. The World Court: What it is and how it works. 6th ed. Martinus Nijhoff Publishers, 2003.

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1963-, Sakai Hironobu, and Tanaka Kiyohisa 1977-, eds. Kokusai shihō saibansho: Cour internationale de justice = International Court of Justice. Nihon Hyōronsha, 2011.

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Forlati, Serena. The International Court of Justice. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06179-5.

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translator, Perry Alan (Lawyer), ed. The International Court of Justice. Hart Publishing, 2013.

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International Court of Justice. Registry. The International Court of Justice. 3rd ed. ICJ, 1986.

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Shabtai, Rosenne, ed. Documents on the International Court of Justice =: Documents relatifs à la Cour internationale de justice. 3rd ed. M. Nijhoff Publishers, 1991.

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Gow, Melanie. Finding justice: The International Criminal Court. World Vision, 2002.

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Kolb, Robert. The Elgar companion to the International Court of Justice. Edward Elgar, 2014.

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Wehberg, Hans. The problem of an international court of justice. Lawbook Exchange, 2008.

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1960-, Sands Philippe, ed. From Nuremberg to the Hague: The future of international criminal justice. Cambridge University Press, 2003.

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Book chapters on the topic "International Court of Justice"

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Oellers-Frahm, Karin, and Andreas Zimmermann. "International Court of Justice." In Dispute Settlement in Public International Law. Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_2.

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Citaristi, Ileana. "International Court of Justice." In The Europa Directory of International Organizations 2022, 24th ed. Routledge, 2022. http://dx.doi.org/10.4324/9781003292548-30.

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Canton, Helen. "International Court of Justice." In The Europa Directory of International Organizations 2021, 23rd ed. Routledge, 2021. http://dx.doi.org/10.4324/9781003179900-12.

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Hofmann, Rainer, Karin Oellers-Frahm, Stefan Oeter, Christian Walter, and Andreas Zimmermann. "The International Court of Justice." In World Court Digest. Springer Berlin Heidelberg, 1997. http://dx.doi.org/10.1007/978-3-642-60675-5_3.

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Buckley, Michael. "International Criminal Court (ICC)." In Encyclopedia of Global Justice. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_535.

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Rosenne, Shabtai. "The Permanent Court of International Justice and International Court of Justice." In The Hague: Legal Capital of the World. T.M.C. Asser Press, 2005. http://dx.doi.org/10.1007/978-90-6704-421-9_7.

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Novak, Andrew. "Origins of International Criminal Justice." In The International Criminal Court. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15832-7_2.

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Chatterjee, Deen K. "International Court of Justice (ICJ)." In Encyclopedia of Global Justice. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_1045.

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Allain, Jean. "The Permanent Court of International Justice and the International Court of Justice." In A Century of International Adjudication: The Rule of Law and it Limits. T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-577-3_3.

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Mitchell, Sara McLaughlin, and Andrew P. Owsiak. "The International Court of Justice." In Routledge Handbook of Judicial Behavior. Routledge, 2017. http://dx.doi.org/10.4324/9781315691527-26.

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Conference papers on the topic "International Court of Justice"

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Ruço, Noela. "Justice reform and the Constituitional Court." In University for Business and Technology International Conference. University for Business and Technology, 2017. http://dx.doi.org/10.33107/ubt-ic.2017.217.

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Умарова, Мадина Алиевна. "UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.94.35.019.

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В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.
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Ghizlene, Prof Dr FELIDJ. "THE ROLE OF THE INTERNATIONAL JUDICIARY IN RESOLVING INTERNATIONAL DISPUTES." In I. International Century Congress for Social Sciences. Rimar Academy, 2024. http://dx.doi.org/10.47832/soci.con1-5.

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The peaceful settlement of international disputes has become one of the most important principles affirmed in many international charters and conventions in order to avoid the dangers and tragedies of war. International arbitration is the most important of these means, given the effective role it plays in maintaining international peace and security, as well as the role played by the International Court of Justice, which hears all international disputes submitted to it. Both arbitration and the International Court of Justice, through its judgments and advisory opinions, have allowed to avoid many conflicts and crises, which could have turned into wars between States
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Kambovski, Igor. "VANSUDSKO REŠAVANjE SPOROVA-ARBITRAŽA I MEDIJACIJA." In XIX majsko savetovanje. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xixmajsko.1051k.

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In every democratic state, governed by the rule of law, the judicial system is a mirror of democracy, human rights and freedom. Strict legal and social standards related to the judiciary become narrow or somewhat ineffective over time, and the need for justice is ultimate. Courts are under the constant scrutiny of the professional, scientific, domestic and international public, and the public is often dissatisfied with the efficiency of the judicial system, considering that it does not provide effective and cheap protection of rights within a reasonable time and does not exclude secondary, political and similar influences on court proceedings. This imposes the need to find a solution to increase the efficiency of the judicial system, without abandoning the basic principles and postulates on which it is based. New, more rational trends and means to achieve such goals cause judicial reforms in the direction of dejudicialization, using alternative methods for resolving disputes. The scope of judicial reforms at the global level includes the following basic goals: 1) acceleration of access to justice by speeding up and simplifying court procedures; 2) relieving the courts of accumulated cases, which could be resolved in another, out-of-court procedure. Alternative dispute resolution (ADR) is the general name for a method of out-of-court agreement and settlement that includes, first of all, arbitration and mediation, as the two main procedures of informal mediation and decision-making. The term ADR refers to any procedure that means an alternative, i.e. a substitute for a court procedure, an out-of- court way of resolving disputes. The possibility of alternative procedures is not limited in advance, so the emergence of new ADR methods cannot be limited or excluded. The main difference between the alternative procedure and the classic court procedure is that the dispute for which the court is competent is resolved without the formality of the court procedure, that is, it is not resolved by the court. Compared to court procedures, alternative procedures are much more flexible and adaptable to the nature of the dispute. Also, the alternative means relieving the court and saving time and money for the parties, as well as faster access to justice, i.e. dispute resolution.
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Попанова, Аниса Асламбековна. "ADVISORY JURISDICTION OF THE UN INTERNATIONAL COURT." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.58.55.029.

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В Статуте Международного Суда ООН содержится положение о том, что в компетенцию Суда входит не только функция по разрешению любого рода международных споров, возникающих между двумя и более государствами, но и функция по предоставлению консультаций по любым возникающим вопросам международного характера. В статье автором предпринята попытка по ее всестороннему анализу. The Statute of the UN International Court of Justice contains a provision that the competence of the Court includes not only the function of resolving any kind of international disputes arising between two or more states, but also the function of providing advice on any emerging issues of an international nature. In the article, the author made an attempt to comprehensively analyze it.
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Rudohradská, Simona, Laura Bachňáková Rózenfeldová, and Regina Hučková. "WHEN COMPETITION MEETS PERSONAL DATA PROTECTION." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27455.

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In the submitted contribution the authors follow up on the case of Facebook, which was assessed by the German competition authority – Bundeskartellamt. Proceedings moved from administrative to judicial phase, as this case was assessed by Düsseldorf Higher Regional Court (Oberlandesgericht Düsseldorf ) and also by Federal Court of Justice (Bundesgerichtshof ). However, German national courts had adopted differing views in this regard. National German court (Higher Regional Court, Düsseldorf, Germany) rendered a prejudicial question to Court of Justice of the European union (hereinafter referred to as “CJEU”), concerning mainly (1) interpretation of GDPR regulation and (2) question of whether competition authority is entitled to apply this regulation in its investigations. In the corresponding case No. C-252/21, the Opinion of Advocate General (delivered on 20 September 2022) was recently published. The aim of this paper is to assess the interaction between personal data protection in correlation with the competition rules, more precisely, whether the competition authority is entitled to apply GDPR.
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Váradi, Ágnes. "Access to Justice in Constitutional Court Proceedings: Germany." In MultiScience - XXXIII. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2019. http://dx.doi.org/10.26649/musci.2019.108.

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Lučić, Sonja. "ONLINE TELEVISION SERVICES AND COPYRIGHT." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.179l.

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The right to public communication of author's works is an issue on which the Court of Justice of the EU has had the opportunity to decide a number of times. The same applies to the private copying exception. The Court of Justice of the EU recently had the opportunity to decide on both of these issues in the "Ocilion" case - case C- 426/21. In the "Ocilion" case, the EU Court of Justice actually decided on two complicated aspects of the relationship between copyright law and online television services, clarifying that deduplication systems for copying TV shows do not fall within the scope of the private copying exception and that enabling online rebroadcasting does not constitute communication to the public. In the paper, the author deals with certain aspects of online television services on which the Court of Justice had the opportunity to decide in the "Ocilion" case. In addition, the author analyzes Directive 2019/789 on the cross-border online distribution of television and radio programs in the paper.
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Harjiyatni, Francisca Romana, and Meicke Caroline Anthoni. "Fighting for Ecological Justice Through Administrative Court: A Case Study of the Verdict of Makassar Administrative Court in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.324.

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Kulmanis, Oskars. "Taisnīga kriminālprocesa norise ārkārtas situācijā." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.16.

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The global spread of Covid-19 virus has significantly affected the continuous operation of courts in criminal proceedings and spurred changes to justice systems. The court system of Republic of Latvia is no exception. Since the adoption of Law on the Management of the Spread of Covid-19 Infection, securing a fair trial in criminal proceedings has been a great challenge. The paper addresses proportionality of use of written procedure as one of the main procedural forms to try a criminal case in court of appeal.
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Reports on the topic "International Court of Justice"

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Aman, Kalley. The Minimal Role of Legal Traditions at the International Court of Justice. Portland State University Library, 2000. http://dx.doi.org/10.15760/etd.7092.

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Brodeur, Abel. Reproduction of 'Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice'. Social Science Reproduction Platform, 2022. http://dx.doi.org/10.48152/ssrp-0eeh-d577.

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Mutebi, Natasha. Problem-solving courts. Parliamentary Office of Science and Technology, UK Parliament, 2023. http://dx.doi.org/10.58248/pn700.

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Problem-solving courts (PSC) are a problem-solving approach targeting the complex needs of individuals within the criminal or family justice systems. Over the last 20 years, PSC have been introduced into the UK to address the personal, social and structural factors underlying behavioural issues that often contribute to re-offending. In June 2023, the Ministry of Justice launched three courts with problem-solving components referred to as Intensive Supervision Courts (ISC). Focusing on rehabilitative outcomes, PSC combine intervention programmes with judicial oversight through regular reviews. By placing judges and magistrates at the centre of rehabilitation, PSC target individuals or families with complex needs, who might not benefit from standard court proceedings and supervision, with an aim to improve long-term life outcomes. This POSTnote provides an overview of PSC in England and Wales. It outlines different PSC and courts with PSC elements that operate within adult criminal courts, family courts and youth courts across England and Wales, drawing data from case studies in the UK and, where relevant, internationally. It also discusses potential challenges to fully implement PSC and their approaches as well as opportunities for more effective implementation of PSC across England and Wales. Key points Key elements of PSC include intensive intervention programmes, that seek to address underlying social and health issues through regular judicial monitoring and cross-governmental collaborative efforts. Several ongoing PSC and courts with PSC elements operate within adult criminal courts, family courts and youth courts across England and Wales. Although there is a substantial international evidence base, there seems to be limited evidence about the effectiveness of PSC in the UK due to inconsistent implementation and evaluation. Challenges to PSC implementation can include costs, lack of funding, limited evidence, procedural issues and lack of widespread judicial engagement. Opportunities for effective PSC implementation include use of existing resources, multi-agency partnerships, advocating for specialist services and a change in culture within the judiciary.
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Koltai, Júlia, Imola Wilhelm, Gábor Kecskés, et al. Exclusion of Universities from EU Funds Hurts Young Researchers – Research Report. Hungarian Young Academy, 2024. http://dx.doi.org/10.36820/fka.2024.eufunds.eng.

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In 2022, citing the erosion of transparency and academic freedom in Hungary, the Council of the European Union suspended research related EU funding and exchange programmes to Hungarian universities run by newly established public interest trusts. There has been unceasing debate between the EU and Hungary since then, while the recent initial hearings of the universities’ appeals in the Court of Justice of the European Union suggest that lasting suspension will be the outcome. Here we summarize a comprehensive survey that reveals a troubling landscape for the Hungarian academic and research communities as a consequence of the ban. Particularly alarming is the pronounced impact on early career researchers, not just from institutions directly affected by the suspension but, strikingly, from those still eligible for funding. The findings of the survey underscore a pervasive uncertainty among non-Hungarian EU consortia leaders about whether to engage with Hungarian universities and research institutes at all. This climate of doubt may well result in detrimental effects on the international stature of Hungarian research, hinting at long-lasting impediments to the country's scientific competitiveness on the European stage.
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S. Abdellatif, Omar, Ali Behbehani, and Mauricio Landin. Luxembourg COVID-19 Governmental Response. UN Compliance Research Group, 2021. http://dx.doi.org/10.52008/lux0501.

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The UN Compliance Research Group is a global organization which specializes in monitoring the work of the United Nations (UN). Through our professional team of academics, scholars, researchers and students we aim to serve as the world's leading independent source of information on members' compliance to UN resolutions and guidelines. Our scope of activity is broad, including assessing the compliance of member states to UN resolutions and plan of actions, adherence to judgments of the International Court of Justice (ICJ), World Health Organization (WHO) guidelines and commitments made at UN pledging conferences. We’re proud to present the international community and global governments with our native research findings on states’ annual compliance with the commitments of the UN and its affiliated agencies. Our goal as world citizens is to foster a global change towards a sustainable future; one which starts with ensuring that the words of delegates are transformed into action and that UN initiatives don’t remain ink on paper. Hence, we offer policy analysis and provide advice on fostering accountability and transparency in UN governance as well as tracing the connection between the UN policy-makers and Non-governmental organizations (NGOs). Yet, we aim to adopt a neutral path and do not engage in advocacy for issues or actions taken by the UN or member states. Acting as such, for the sake of transparency. The UN Compliance Research Group dedicates all its effort to inform the public and scholars about the issues and agenda of the UN and its affiliated agencies.
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Buckner, Billy J. International Criminal Court: A Watershed in International Relations. Defense Technical Information Center, 2003. http://dx.doi.org/10.21236/ada416339.

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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Boland, Donald J. National Sovereignty and the International Criminal Court. Defense Technical Information Center, 1999. http://dx.doi.org/10.21236/ada363395.

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Norris, Samuel, and Evan Rose. Laffer's Day in Court: The Revenue Effects of Criminal Justice Fees and Fines. National Bureau of Economic Research, 2023. http://dx.doi.org/10.3386/w31806.

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Tendall, Jeanna M. The United States' Views Toward the International Criminal Court. Defense Technical Information Center, 2002. http://dx.doi.org/10.21236/ada404496.

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