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Journal articles on the topic 'International Court of Justice'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

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 positi

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2

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 organi

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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 t

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4

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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6

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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7

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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Potočný, Miroslav. "International Court of Justice." Czech Journal of International Relations 34, no. 3 (1999): 19–28. http://dx.doi.org/10.32422/cjir.1197.

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In July 1998, a diplomatic conference convened by the UN General Assembly adopted the Rome statutes of the International Court of Justice. It proceeded from a proposal submitted by the Commission on International Law. The outcome of laborious negotiations was an extensive treaty with 128 articles.Once the Statutes come into force, which requires the deposition of 60 ratification documents or documents on admission and access, an 18-member International Court of Justice with its seat in The Hague commences its activity.The Court is a permanent institution which is authorized to judge the most s

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9

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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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.

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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

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Kjeldgaard-Pedersen, Astrid. "Nordic Judges of the Permanent Court of International Justice and the International Court of Justice." Nordic Journal of International Law 85, no. 4 (2016): 334–47. http://dx.doi.org/10.1163/15718107-08504007.

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This article was presented at the conference “A Nordic Approach to International Law?” held in Oslo in August 2015 as a part of a panel on “Nordic Judges of International Courts”. It studies the Nordic judges of the Permanent Court of International Justice and its successor the International Court of Justice with a view to assessing whether common traits in their voting practice exist that might support the idea of ‘a Nordic approach to international law’. In light of the relatively limited available material, however, the article has no grander aspiration than to describe the engagement of No

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Ramiz Mammadova, Leyla. "BMT Beynəlxalq ədalət məhkəməsində icraat". SCIENTIFIC WORK 78, № 5 (2022): 92–96. http://dx.doi.org/10.36719/2663-4619/78/92-96.

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The International Court of Justice as the UN main judicial body plays a fundamental role in establishing the rule of law in international relations. It should help to resolve interstate disputes in conditions where all other means of peace are ineffective. The relevance of the study of the functions and powers of the UN International Court, its practice is explained by the fact that it is precisely from the day of its establishment that the court remains the only universal international judicial body to date. The article will examine a number of procedural issues in the activity of the court,

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Ubah, Charles B. A., and Osy E. Nwebo. "International Criminal Court." International Journal for Innovation Education and Research 3, no. 9 (2015): 41–51. http://dx.doi.org/10.31686/ijier.vol3.iss9.431.

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The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious viola

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Krzan, Bartłomiej. "Poland and International Courts : A Centennial Perspective." Polish Review of International and European Law 9, no. 1 (2020): 99–124. http://dx.doi.org/10.21697/priel.2020.9.1.04.

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The purpose of this contribution is to look at the last century against the background of the ‘Polish’ approach towards international courts and tribunals: the Permanent Court of International Justice/International Court of Justice, the European Court of Human Rights, the instruments of international criminal justice and the International Tribunal for the Law of the Sea. This may be yet another aspect of scrutinising Polish foreign policy. It may be argued that the approach of a State towards international judiciary may heavily influence the international perception or position of that State a

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Lutfiu, Nuredin, and Naser Pajaziti. "The International Court of Justice." International Journal of Religion 5, no. 5 (2024): 298–307. http://dx.doi.org/10.61707/epyqm125.

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In this scientific paper my main focus of research is based on the composition, structure and main function of judges of the International Court of Justice according to countries and geographical regions where they come from, as according to Article 9 members of the court represent the main forms of civilization and the main system legal of the world. This means customary law, civil law and socialist law (now post-communist law). hen the task and function of international judges of law is to resolve disputes between states in accordance with international law and to give advisory opinions on i

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Shinkaretskaya, Galina Georgievna. "Evidence in the procedure of the International Court of Justice: conceptual aspects." Международное право и международные организации / International Law and International Organizations, no. 1 (January 2022): 11–23. http://dx.doi.org/10.7256/2454-0633.2022.1.37283.

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This article notes that the grounded decision of any international court depends on the selection and evaluation of evidence and proof of witness, since the International Court of Justice delivers its judgment binding on sovereign states involved in the dispute. Unlike the national courts that strictly regulate the procedure for selection and evaluation of evidence by normative legal documents, the international courts have more freedom in this respect. From such perspective, considerable interest draws the International Court of Justice, which serves as a model for the establishment and opera

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Mašović, Dino. "Lawsuit of B&H against FRY before the International Court of Justice: The concept of genocide, judgment, procedure and security aspect." Bezbednost, Beograd 66, no. 3 (2024): 129–56. https://doi.org/10.5937/bezbednost2403129m.

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In this paper, we will deal with the lawsuit of Bosnia and Herzegovina against the FRY before the International Court of Justice. This case is speciale causam, because in the longterm work of the International Court of Justice, for the first time, one state accused another state of a violation of the Convention on the Prevention and Punishment of Genocide. Therefore, in this paper we will deal with the Convention on the Prevention and Punishment of Genocide and whether there was a violation of it. In this paper, we will focus on the decision of the International Court of Justice. We will also

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Vaitsekhovska, O., and O. Chepel. "The role of international courts’ decisions in the system of sources of international financial law." Problems of Legality, no. 155 (December 20, 2021): 254–72. http://dx.doi.org/10.21564/2414-990x.155.238447.

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The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law

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Vaitsekhovska, O., and O. Chepel. "The role of international courts' decisions in the system of sources of international financial law." Problems of Legality 2021, no. 155 (2021): 254–72. https://doi.org/10.21564/2414-990X.155.238447.

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The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts,  creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into internatio

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Attila Hoare, Marko. "Bosnia-Hercegovina and International Justice." East European Politics and Societies: and Cultures 24, no. 2 (2010): 191–205. http://dx.doi.org/10.1177/0888325409356462.

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Three different international courts have determined that genocide took place in Bosnia-Hercegovina in 1992-1995: the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the European Court of Human Rights (ECHR). Yet paradoxically, there has been virtually no punishment of this genocide, while the punishment of lesser war crimes of the Bosnian war has been very limited. The ICTY has convicted only one individual, a lowly deputy corps commander, of a genocide-related offence. The ICJ acquitted Serbia, the state that planned and launche

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22

Klyuchnikov, Andrew Yu. "The main approaches to the definition of the international courts’ competence." Tyumen State University Herald. Social, Economic, and Law Research 5, no. 3 (2019): 128–43. http://dx.doi.org/10.21684/2411-7897-2019-5-3-128-143.

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The rules on the competence of international courts determine the nature of the cases they resolve and the conditions for their admission to proceedings. The possibility composition of the court considers each case individually following the principle of jurisdiction to decide the jurisdiction due to the lack of a clear regulatory framework. Each international court of justice, relying on the international law, is solely competent to resolve doubts as to its own jurisdiction. This study aims to identify the approach of courts to solving jurisdictional problems in practice. The material for the

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23

Alter, Karen J., and Laurence R. Helfer. "Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice." International Organization 64, no. 4 (2010): 563–92. http://dx.doi.org/10.1017/s0020818310000238.

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AbstractAre international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported

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Tsuvina, T. "Online courts and Online Dispute Resolution in terms of the international standard of access to justice: international experience." Problems of Legality, no. 149 (June 16, 2020): 62–79. https://doi.org/10.21564/2414-990x.149.201782.

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The article is devoted to the analysis of the problem issues of the Online Dispute Resolution (ODR) through the prism of international standard of access to justice in civil matters. The first part of the article refers to terminological inconsistency, which is connected with using of three synonyms refering to IT-technologies in the area of civil justice, in particular cyberjustice, digital justice and e-justice. The author proposes to use term “e-justice”, which involves e-filing, electronic systems of assignment of cases, e-case-management, eDiscovery, ODR, electronic syste

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Thynne, Kelisiana. "The International Criminal Court: A Failure of International Justice for Victims?" Alberta Law Review 46, no. 4 (2009): 957. http://dx.doi.org/10.29173/alr212.

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The International Criminal Court marked its tenth anniversary in 2008. In conjunction with that milestone, this article considers the status of international justice in the context of victims’ rights in the Court’s proceedings. The author presents a case study of the Thomas Lubanga Dyilo case and, in doing so, explores the reasons why the Court might already be failing to provide international justice for victims of international crimes. The article specifically discusses the rights of victims of gender-based crimes and the intersection between victims and justice in the Court. The author also

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Ivanov, A. V. "The supranational character of decisions of international judicial institutions." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 589–93. http://dx.doi.org/10.24144/2788-6018.2024.03.100.

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The article examines the supranational nature of the decisions of international judicial institutions. Throughout history, and especially since the second half of the twentieth century, the role of courts has gone beyond national borders. The result of this was the formation of judicial mechanisms that direct their decisions across international borders and supposedly have a higher legal force than the decisions of the courts of individual countries. Among these: the International Court of Justice of the United Nations (decides, in accordance with international law, legal disputes of states re

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Heyong, Wang. "The presence of the “internationality” of international criminal justice." Bulletin of the Karaganda University. “Law Series” 112, no. 4 (2023): 18–26. http://dx.doi.org/10.31489/2023l4/18-26.

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Justice is a perpetual topic for mankind. International criminal justice is generally regarded as criminal justice or global justice in academia, but neither of them can provide comprehensive content for international crimi- nal justice alone. In order to make international criminal justice be correctly understood, both theories must be integrated. But there is tension between the two propositions. In order to bridge the gap between the two theories, it is necessary to build a bridge for the integration of the two theories ― international criminal jus- tice must incorporate the “international”

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Him, Huu Phuoc, and Thi Kim Kook Nguyen. "Advisory competence on international law of the International Court of Justice: theoretical and practical issues." Legal Science in China and Russia, no. 4 (September 16, 2021): 136–45. http://dx.doi.org/10.17803/2587-9723.2021.4.136-145.

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This article analyses, clarifi es the theoretical and practical issues of the advisory capacity of the International Court of Justice. Thereby, highlighting the role of the International Court of Justice in the development compliance and enforcement of international law from 1945 to now. Keywords: Jurisdiction, advisory opinion, International Court of Justice, international law.

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Spiermann, Ole. "A Permanent Court of International Justice." Nordic Journal of International Law 72, no. 3 (2003): 399–418. http://dx.doi.org/10.1163/157181003771013816.

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AbstractThe Permanent Court of International Justice was the first significant court of justice at the international level. Its active life spanned over two decades and yielded an international judiciary while exploring the merits of international adjudication and international law when put into practice. It was partly due to the legacy of the Permanent Court that the second half of the twentieth century witnessed several other successful projects of international justice. At the same time, the decisions of the Permanent Court indicated some of the pertinent problems of international adjudicat

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Bothe, Michael. "THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT CONCERNING THE JURISDICTIONAL IMMUNITIES OF GERMANY." Italian Yearbook of International Law Online 24, no. 1 (2015): 25–35. http://dx.doi.org/10.1163/22116133-90000071a.

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In judgment No. 238/2014 the Italian Constitutional Court held that the Italian Constitution required Italian courts to disregard the decision of the International Court of Justice (ICJ) upholding Germany’s jurisdictional immunity and to continue proceedings against Germany concerning actions for damages arising out of war crimes and crimes against humanity committed by Germany during the Second World War. The Court balanced the constitutional value of respect for international law, demanding respect for the binding force of the ICJ judgment, against the value of enforcing fundamental rights,

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Rosenne, Shabtai. "The International Court of Justice and International Arbitration." Leiden Journal of International Law 6, no. 2 (1993): 297–322. http://dx.doi.org/10.1017/s0922156500002703.

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The purpose of this article is to examine the attitude of the International Court of Justice toward questions concerning different aspects of the international arbitration process. This relates in particular to disputes over the obligation to submit an alleged dispute to arbitration, disputes over the validity or nullity of an award rendered in an international arbitration process, and appeals to the International Court from other bodies with a power of dispositive decision. These questions have arisen in many different circumstances. The matter is also important having regard to the presence

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T. M. F. "International Court of Justice Elects Officers." American Journal of International Law 85, no. 2 (1991): 384. http://dx.doi.org/10.2307/2203077.

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We are pleased to report that, on February 7, 1991, the International Court of Justice elected Judge Robert Yewdall Jennings to be its President and Judge Shigeru Oda to be its Vice-President. Both offices carry five-year terms. Given the growing role of the Court, these elections are a significant tribute to, and responsibility for, two outstanding scholars of international law. Both have published in this Journal and are Honorary Members of the Society.

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Galizzi, Paolo. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 21, no. 1 (2010): 517–31. http://dx.doi.org/10.1093/yiel/yvs057.

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Galizzi, Paolo. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 22, no. 1 (2011): 577–82. http://dx.doi.org/10.1093/yiel/yvs126.

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Galizzi, P. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 24, no. 1 (2014): 523–34. http://dx.doi.org/10.1093/yiel/yvu046.

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Galizzi, Paolo. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 25, no. 1 (2014): 487–97. http://dx.doi.org/10.1093/yiel/yvv043.

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Sidhu, Balraj K. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 28 (January 1, 2017): 415–21. http://dx.doi.org/10.1093/yiel/yvy028.

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Sidhu, Balraj K. "1. International Court of Justice (ICJ)." Yearbook of International Environmental Law 29 (January 1, 2018): 375–81. http://dx.doi.org/10.1093/yiel/yvz019.

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WEERAMANTRY, Christopher G., Eduardo VALENCIA-OSPINA,, Christopher G. WEERAMANTRY,, Eduardo VALENCIA-OSPINA,, C. G. W., and E. V.O. "International Court of Justice Year 1998." Yearbook of Islamic and Middle Eastern Law Online 4, no. 1 (1997): 581–602. http://dx.doi.org/10.1163/221129898x00440.

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Batifort, Simon, Rémy Gerbay, Belén Ibañez, et al. "Cutting-Edge Issues in International Dispute Resolution." Proceedings of the ASIL Annual Meeting 116 (2022): 235–47. http://dx.doi.org/10.1017/amp.2023.8.

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Esmé Shirlow presented the findings of a policy paper developed in collaboration with the International Institute for Sustainable Development (IISD), titled Approaches of International Courts and Tribunals to the Award of Compensation in International Private Property Cases and Implications for the Reform of Investor-State Arbitration. The policy paper follows previous IISD work on compensation in investor-state arbitration, which left open the question of whether approaches to issues of compensation in investor-state arbitration differ from the approaches of other international courts and tri

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Brölmann, Catherine. "The International Court of Justice and International Organisations." International Community Law Review 9, no. 2 (2007): 181–86. http://dx.doi.org/10.1163/187197407x210265.

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AbstractThis vignette deals with the position of international intergovernmental organisations as non-state actors. In the case law of the ICJ the independent identity of international organisations is addressed in the formal terms of international legal personality. Such personality is undisputed in international practice: for example, international organisations not only have the capacity to conclude treaties but also, although the legal framework is not entirely settled yet, to bear international responsibility for violations of international law. The ICJ arguably has had a central role in

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Caserta, Salvatore, and Pola Cebulak. "RESILIENCE TECHNIQUES OF INTERNATIONAL COURTS IN TIMES OF RESISTANCE TO INTERNATIONAL LAW." International and Comparative Law Quarterly 70, no. 3 (2021): 737–68. http://dx.doi.org/10.1017/s0020589321000154.

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AbstractInternational courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has

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Rosenne, Shabtai. "The Changing Role of the International Court." Israel Law Review 20, no. 2-3 (1985): 182–205. http://dx.doi.org/10.1017/s0021223700017623.

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En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Jus

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Ayu Harefa, Britania Dyah, and Mirsa Astuti. "Maritime Dispute Resolution Between Kenya and Somalia from 2014-2021 Through the International Court of Justice." Eduvest - Journal of Universal Studies 5, no. 3 (2025): 3032–42. https://doi.org/10.59188/eduvest.v5i3.50946.

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The maritime boundary dispute between Kenya and Somalia is one example of the rise of maritime disputes over natural resources. The dispute, which stems from different interpretations of boundaries in the Indian Ocean, has attracted the attention of the entire international community, especially on the African continent. In 2014, Somalia filed a lawsuit against Kenya in the International Court of Justice regarding the delimitation of maritime boundaries between the two coastal states. The International Court of Justice examined the basis of Somalia's lawsuit in proposing the settlement of the

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Miano, Irene. "The international court of justice at the crossroad between law and politics the example of the caselaw on nuclear weapons." Eudaimonia, no. 5/2021 (August 31, 2021): 37–62. http://dx.doi.org/10.51204/ivrs_21102a.

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The International Court of Justice is identified by Article 92 of the United Nations Charter as the “principal judicial organ of the United Nations”. This definition has consecrated the International Court of Justice as the World Court, as the guardian of the application of international law. Is this picture still actual? Is the International Court of Justice currently performing a guardian role? What does it happen when highly politically sensitive issues, like nuclear proliferation and nuclear disarmament, arrive before this Court? To address these questions, this work will analyse the case-

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Sarpekov, R. K. "On “Administrative Justice” in Court of EAEU." Juridical Science and Practice 15, no. 4 (2020): 35–41. http://dx.doi.org/10.25205/2542-0410-2019-15-4-35-41.

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In this century, the legal map of the world has changed, new legal structures and institutions have appeared that are not suitable for traditional knowledge of the legal system and its branches. Thus, the law of integration organizations has strongly taken its place in the legal doctrine. Actually, this is the international law, but its rules govern relationships between the administrative bodies of states and citizens. These relationships are similar to classical administrative relations. Citizens can apply to the courts of the integration organizations; appeal the acts of international admin

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Diyachenko, Ekaterina. "Knockin’ on heaven’s door: The burden of proof before international courts." Meždunarodnoe pravosudie 11, no. 2 (2021): 111–33. http://dx.doi.org/10.21128/2226-2059-2021-2-111-133.

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The issues of proof and determining the party upon which the corresponding burden rests are key to the administration of justice as the determination of the facts of the case is a compulsory stage prior the application of the legal norm. In the Russian legal doctrine the issue of proof has been extensively developed with regard to proceedings before national courts, but not enough in relation to the activity of international courts, except for the European court of human rights. This article explores the theoretical aspects of proof in international courts, analyses the approaches of the Inter

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van den Wyngaert, Christine. "Remarks by Christine van den Wyngaert." Proceedings of the ASIL Annual Meeting 111 (2017): 327–30. http://dx.doi.org/10.1017/amp.2017.142.

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As you can see, I'm a veteran in the field of international criminal justice, having served on all these courts. I came to The Hague in the year 2000 for the Arrest Warrant case at the International Court of Justice (ICJ), and looking back at that period, it feels like these were the halcyon years of international criminal justice. The International Criminal Tribunal for the former Yugoslavia (ICTY) was up to speed, the International Criminal Tribunal for Rwanda (ICTR). The International Criminal Court (ICC) had been created. The Rome Statute was brand new. States were exercising universal jur

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Kadysheva, Olga. "Problematic issues of the enforcement of decisions of the Court of the Eurasian Economic Union: experientia docet." Meždunarodnoe pravosudie 14, no. 1 (2024): 56–74. https://doi.org/10.21128/2226-2059-2024-1-56-74.

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The growth in the number of international courts and the decisions rendered by them has moved issues of enforcement of those decisions from the category of speculative to the practical plane. The common juridical approach to these issues, according to which the enforcement of such decisions by states is simply implied by virtue of the principle of pacta sunt servanda, has not been acceptable in order to explain that all international courts, without exception, are to some extent faced with the problem of enforcement of their decisions. The analysis and generalization of the empirical material

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Bigge, David. "Rule of Law Without International Courts." Law & Practice of International Courts and Tribunals 21, no. 3 (2022): 483–97. http://dx.doi.org/10.1163/15718034-12341487.

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Abstract In commenting on the roles of Elihu Root and James Brown Scott in the founding of the Permanent Court of International Justice (PCIJ), former International Court of Justice (ICJ) President Abdulqawi Yusuf stated “there can be no [international] rule of law without a court to apply it.” The American Society of International Law (ASIL)’s International Courts and Tribunals Interest Group recently hosted a symposium event to probe this statement. Without rehashing the voluminous scholarship on the international rule of law, this introduction to the symposium will explore specifically whet

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