Relevant bibliographies by topics / International standards of judiciary

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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 standards of judiciary'

Author: Grafiati
Published: 4 June 2025
Last updated: 23 June 2025

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Journal articles on the topic "International standards of judiciary"

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Kulyk, Serhiy. "Modernization of national judicial systems in the context of international legal standards." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 38–45. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-4.

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The article analyzes the key provisions of the European Charter and its Explanatory Memorandum, which indicate the mandatory implementation of international standards at the level of national constitutions. The document emphasizes that the basic principles of judicial behavior should be enshrined in domestic regulations at the highest level, which provides guarantees of competence, independence and impartiality of judges and courts. This provision is mandatory for all European states, which requires the inclusion of relevant standards in constitutional acts. The article examines the example of Finland, where constitutional reform has ensured a clear separation of powers and independence of the judiciary. The Constitution of Finland defines three branches of government, including the judiciary, which is exercised by independent courts such as the Supreme Court and the Supreme Administrative Court. The authors also explore the problems and challenges associated with the implementation of international standards. In particular, questions arise regarding the accuracy of legal wording in international documents and the need to adapt them to national contexts. Based on the analysis of the constitutional provisions of various European countries, such as Germany, Poland, the Czech Republic, Latvia and others, conclusions are drawn on general trends and approaches to the constitutional modernization of judicial systems. Each constitution defines the basic provisions on the judiciary, although the details remain at the level of other legislative acts. This allows for flexibility and adaptability of the judicial system to changing conditions. The authors emphasize the importance of constitutional and legal regulation of the judiciary and the need for its compliance with international standards to strengthen confidence in the judiciary and ensure effective justice. Key words: international standards, judicial authorities, judicial system, justice, constitutional and legal regulation.
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Pyroha, I. S. "STANDARDS OF INTERNATIONAL JUSTICE: INDEPENDENT JUDICIARY." State and Regions. Series: Law, no. 3 (2023): 160–65. http://dx.doi.org/10.32782/1813-338x-2023.3.24.

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Ivaniv, I. "Theoretical and example understanding of the role of the judiciary at the present stage of state formation." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 306–11. http://dx.doi.org/10.24144/2788-6018.2022.02.57.

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The article examines the theoretical and legal features of the formation and development of the judicial system in modern conditions. Various theoretical approaches to understanding the role of the judiciary in the process of state formation are analyzed. International legal documents are being studied, which are devoted to the functioning of the judiciary, ensuring its independence and guarantees for the work of judges. It is noted that today, at a time of challenges for nations and states that have chosen the democratic path of development, including Ukraine, it is important to ensure the continued effective functioning of the judiciary in view of international standards of its construction and development.
 It is established that the modern period of state formation requires the formation of new approaches for theoretical and applied understanding of the functioning of the judiciary, their place among other public authorities, the need for proper and guaranteed human rights and freedoms, taking into account legal principles, compliance with internationally recognized standards. Today, at a time of challenges for nations and states that have chosen the democratic path of development, including Ukraine, it is important to ensure the continued effective functioning of the judiciary in the light of international standards for its construction and development. Among the important principles of the functioning of the judiciary is its independence, including the independence of judges, which includes their proper financial and social security. Corruption risks require compliance with standards for the selection of judges, quality procedures for their selection and evaluation, as well as the functioning of a special independent structure to achieve its goals, which is also an element of the proper functioning of the judiciary. In addition, the intensification of the expert and scientific environment is especially important today, it is the key to building a proper judicial system and ensuring its effective functioning.
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Kulyk, S. V. "A doctrinal analysis of the implementation of international standards in national legislation in the field of justice." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 895–98. https://doi.org/10.24144/2788-6018.2024.06.150.

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The doctrinal analysis of the implementation of international standards in national judicial legislation is an important aspect of ensuring that the domestic legal order complies with generally accepted principles and norms of international law. International standards in the field of justice cover various aspects, including human rights, fair trial principles, independence and impartiality of courts, and case procedures. The implementation of these standards into national legislation is a complex and multifaceted process that includes the adaptation of national legal norms to international requirements, the integration of new procedures and mechanisms into the judicial system, and the provision of appropriate education and training for judges and other judicial officers. In doing so, it is important to take into account national peculiarities of legal systems, traditions and existing judicial practice. One of the main challenges in this process is to strike a balance between international standards and national legal traditions. The opinions of legal scholars on the implementation of international standards in national legislation are extremely relevant in the context of modern globalization processes and Ukraine’s integration into the international legal community. By considering three key areas - the role of the judiciary, the constitutional basis for the administration of justice, and the specifics of foreign experience in modernizing national judicial systems - one can better understand and assess the challenges and prospects for reforming the national legal system. Thus, thedoctrinalanalysisoftheimplementation of international standards in national legislation on the judiciary is an important tool for studying and improving legal systems, promoting the rule of law and protecting human rights. It helps to identify problems and shortcomings in the implementation process, develop recommendations to overcome them, and ensure that national justice systems meet the highest international standards.
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Bordun, Olesia. "Theory of judicial security." Global Prosperity 1, no. 1 (2021): 23–30. http://dx.doi.org/10.46489/gpj.2021-1-1-2.

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In this article, we have attempted to generalise the current theory of judicial security. We emphasised that traditionally the judicial security theory includes a set of scientific views on the security of the court, judge, justice system and participants in the trial, and the status of the Judicial Protection Service. We briefly described the history of judicial security and drew attention to the reforms of recent years. An analysis of international judicial standards has shown that the security of the judiciary correlates to its independence. We proposed an interdisciplinary adaptation of the judicial security methodology, considering the limitations of specialised research on the subject. As a result, we concluded that the lack of a sole methodological guideline produces uncorrelated changes in the judicial security system elements. To systematise the theory of security of the judiciary, we propose to consider the methodological basis of international standards of justice.
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Babenko, G. O. "European standards of the judiciary and the status of judges." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 353–56. http://dx.doi.org/10.24144/2788-6018.2021.04.61.

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The main goal of Ukraine in the direction of integration into the European Union is the adaptation of Ukrainian legislation to the legislation of the European Union, the gradual adoption and implementation of regulations of Ukraine, developed taking into account the legislation of the European Union. The state policy of Ukraine on the adaptation of legislation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, etc.
 The purpose of the article is to determine the content of the concept and system of European standards of the judiciary and the status of judges, which can be applied in the legislation of Ukraine, taking into account the peculiarities of the judicial system.
 The article deals with the legal nature of standards, so the following definition is formulated: a legal standard is a set of rules of conduct of entities in a particular area, established by regulations.
 When applying European standards in the field of the judiciary and the status of judges, the following must be taken into account: the standard must be regulated by international law and enshrined in Ukrainian law; may be mandatory or recommended; a single approach to the content of this standard will ensure the unity of case law.
 The article proposes a system of European standards of the judiciary and the status of judges, which consists of two groups: 1) generally accepted European standards, mandatory European standards; 2) special European standards in the field of the judiciary and the status of judges, those of a recommendatory nature.
 The importance of adhering to European standards in the field of the judiciary and the status of judges, as well as their impact on judicial practice in democracies, is difficult to overestimate. Their comprehensive implementation in the judiciary is relevant, as it ensures the democratic development of Ukraine and the rule of law. The existence of a unified approach to defining the content of the concept, the system of European standards, their enshrinement in international and European legal acts will ensure the unity of case law.
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Awawda, Osayd. "Assessment of De Jure Judicial Independence of Constitutional Courts According to International Guidelines." Constitutional Review 10, no. 1 (2024): 202. http://dx.doi.org/10.31078/consrev1017.

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Judicial independence of constitutional courts is of paramount importance because it upholds the rule of law, protects individual rights, and maintains checks and balances in a democracy. Moreover, it ensures impartiality, prevents the abuse of power, and fosters public trust in the legal system. By interpreting and applying the law without external influence, an independent judiciary safeguards the principles of justice and democratic governance. This Article provides criteria for assessing de jure judicial independence of constitutional courts according to four renowned international documents that set normative standards for protecting judicial independence. These four documents are synthesises the literature about the definition of judicial independence, particularly in the context of constitutional courts, and analyses four international guidelines that set essential standards for protecting the independence of the judiciary. These four guidelines are: Basic Principles on the Independence of the Judiciary by the UN,1 Report of the Special Rapporteur on the Independence of Judges and Lawyers,2 the Universal Charter of the Judges,3 and International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.4 Using conceptual and doctrinal analysis, this Article identifies three key elements of de jure judicial independence: personal, institutional, and procedural. It also establishes practical criteria to evaluate whether the laws governing a specific constitutional court uphold or undermine its de jure judicial independence. Importantly, it is crucial to distinguish between de jure and de facto judicial independence because merely enacting constitutional provisions and laws to safeguard the judiciary does not automatically guarantee an independent judiciary in practice. The discussion of these principles highlights how personal, institutional, and procedural independence can be established and preserved within the courts. This Article concludes that the common purpose of these principles is to protect judges from unwarranted interference, especially from the executive branch. Among the various principles, the most crucial ones were found to be independent judicial appointment procedures and ensuring judges’ tenure is protected against retaliatory actions by the governing regime.
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Burdina, E. V., and D. A. Burdin. "International legal standards of formation of the judiciary." Mordovia University Bulletin 24, no. 4 (2014): 012–20. http://dx.doi.org/10.15507/vmu.024.201404.012.

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Sabah Al- Kariti, Ali Abbas, Zainab Pourkhaqan Shahrezaee, Abdali Mohamamd Swadi, and Mohammad Sharif Shahi. "The Impact of International Legal Standards on Fair Trial in the Criminal Legal Systems of Iran and Iraq." Legal Studies in Digital Age 3, no. 4 (2024): 135–47. https://doi.org/10.61838/kman.lsda.3.4.12.

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International legal standards, particularly those outlined in human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, play a significant role in ensuring fair trial rights. These standards establish fundamental principles that states must adhere to within their criminal legal systems to safeguard the rights of both defendants and victims. Among the most crucial principles are the right to an independent and impartial tribunal, the right to legal counsel, the right to be informed of charges, the right to a public and fair trial, and the prohibition of torture and ill-treatment. Compliance with these standards not only prevents human rights violations but also enhances public trust in the judiciary and strengthens the rule of law. International legal standards on fair trial have a substantial impact on the criminal legal systems of Iran and Iraq; however, the degree of influence and the challenges faced in each country differ. In Iran, the Constitution and ordinary laws recognize key principles such as the presumption of innocence, the right to legal representation, the right to be informed of charges, and the right to a public trial. Additionally, efforts have been made to reform laws and judicial practices to better align with international standards. In Iraq, the judicial system has witnessed progress following the fall of Saddam Hussein’s regime; however, it continues to face challenges such as corruption, resource shortages, and inadequate training for judges and prosecutors. While the Iraqi Constitution guarantees the right to a fair trial and judicial independence, the judiciary has been criticized for lacking impartiality and independence, with allegations of government interference in judicial matters. Using a descriptive-analytical method, the researcher concludes that both countries require further efforts to ensure the independence and impartiality of the judiciary, support the role of lawyers and bar associations, and protect defendants' rights. Furthermore, the international community, including the United Nations, must play a pivotal role in promoting the rule of law and human rights in both countries.
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Proskurnya, V. O. "International legal standards of publicity of the judiciary and their application in martial law." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 1112–16. https://doi.org/10.24144/2788-6018.2025.02.166.

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Under martial law, the issue of ensuring the proper functioning of the judiciary and compliance with international standards of its publicity is of particular relevance. Military aggression creates unprecedented challenges for the judicial system, forcing it to balance between ensuring the openness of justice and ensuring the safety of participants to the judicial process. The article examines the international legal standards of publicity of the judiciary and the specifics of their application under martial law. The author analyses international and national legal acts regulating the issues of openness of the judicial process, including the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and relevant provisions of national legislation. The author identifies the basic principles of publicity of court proceedings, including the right of the public and the media to access court proceedings, openness of court decisions and the need for transparent operation of judicial bodies. Particular attention is paid to the peculiarities of implementing the principle of publicity of court proceedings under martial law. The author examines possible restrictions on the openness of court hearings which may be due to national security considerations, protection of state secrets or the need to protect the rights of participants to the proceedings. The author also analyses the provisions of Ukrainian legislation on the legal regime of martial law which allow for restrictions on public access to court hearings in case of a threat to state security or law and order. The practical significance of the results obtained is that they can be used to improve national legislation and judicial practice on ensuring the publicity of the judiciary in special conditions, as well as to develop methodological recommendations for courts on how to organise their work under martial law. The materials of the study may be useful for scholars, practicing lawyers, judges and other specialists in the field of judicial proceedings. In addition, an important aspect is the impact of digital technologies on ensuring the publicity of the judiciary during martial law. The use of videoconferencing, online broadcasts of court hearings and e-justice contributes to the principle of open justice even in conditions of limited physical access to judicial institutions. However, at the same time, the issue of cybersecurity, personal data protection and fair trial guarantees arise, which requires further legal regulation and adaptation of court procedures to the new realities.
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Dissertations / Theses on the topic "International standards of judiciary"

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Shigeta, Y. "Standard setting, compliance control and the development of international environmental law through the practice of international arbitral, judicial and quasi-judicial procedures." Thesis, University College London (University of London), 2007. http://discovery.ucl.ac.uk/1446112/.

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Although the main purpose of the international judiciary (covering international arbitral, judicial and quasi-judicial procedures) is to settle disputes, it can also perform other tasks: a concept described by Lauterpacht as 'a heterogeny of aims'. This thesis focuses on three other functions which the international judiciary is expected to fulfil in the international society lacking a centralized legislative body and sufficient law enforcement mechanisms, namely standard setting, compliance control and law development. The field of international environmental law is highly suitable for this study, on account of: 1) an abundance of ambiguous rules which demand clear standards for their practical application 2) scientific uncertainty, rapid changeability of situations and non-compliance derived from incapability of States, all of which need special considerations for compliance control and 3) newness of global environmental concern, which necessitates a substantial degree of law development. The above three functions are analyzed from the perspectives of inter-State relations and State-individual relations, on the one hand, and 'soft' control and 'hard' control, on the other. They are integrated into the concept of 'judicial control', whose main purpose lies in containing deviance within acceptable levels through adjudicative means. Several reforms are proposed to facilitate the improved functioning of international environment law through 'judicial control'. The most important in this context is that the international judiciary should ensure active but harmonized interaction of inner-regime law and outer-regime law. Thus even if the international judiciary is attached to a certain treaty-regime, it can make considerable use of the advantages of 'judicial control' over 'non-judicial control', namely its capacity to control States' compliance with outer-regime law, and to clarify a certain norm's meaning for all States in the international society.
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Grau, Andreas. "Gewinnrealisierung nach International Accounting Standards /." Wiesbaden : Dt. Univ.-Verl, 2002. http://www.gbv.de/dms/zbw/352935693.pdf.

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To, Christopher. "International standards for commercial mediators." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/24165.

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This paper talks about the international standards for commercial mediators. It introduces the standards of eight different jurisdictions and afterwards, evaluates whether there should be one accrediting standard for all international commercial mediators. In the introduction chapter, the paper talks about the problems with the current legal system and then explains the growth of mediation in today’s society. By discussing the nature and practice of mediation, whether mediation should be compulsory or voluntary in light of Article 6 of the European Convention on Human Rights, rationale of the various jurisdictions covered, the paper then talks about the attributes that make a good mediator as well as the accreditation and training of mediators. From chapter two to chapter nine, the paper focuses on eight jurisdictions in which mediation is firmly enshrined within one legal culture to those that are just embarking on the concept (namely Australia, New Zealand, Indonesia, Malaysia, India, Hong Kong, California and Canada). Each chapter talks about the developments of commercial mediation, law and institutions as well as training and accreditation of mediators within their respective jurisdictions. In the concluding chapter, it discusses whether there should be one accrediting standard for international commercial mediators by exploring the advantages and disadvantages of having one accrediting standard as well as the author’s analysis and point of view on the subject.
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Korol, A. O. "Environmental management and international standards." Thesis, Sumy State University, 2017. http://essuir.sumdu.edu.ua/handle/123456789/65975.

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Environmentаl mаnаgement is а modern method of аccounting for the benefits of environmentаl protection in the implementаtion аnd plаnning of the аctivities of аn orgаnizаtion. This is аn integrаl pаrt of modern mаnаgement systems.
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Bigoy, Céline. "Les IAS (International Accounting Standards)." [S.l.] : [s.n.], 2003. http://www.enssib.fr/bibliotheque/documents/dessid/rrbbigoy.pdf.

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Rapport de recherche bibliographique Diplôme d'études supérieures spécialisées : Ingénierie documentaire : Villeurbanne, ENSSIB : 2003. Rapport de recherche bibliographique Diplôme d'études supérieures spécialisées : Ingénierie documentaire : Lyon 1 : 2003.
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Dietel, Marco. "International Accounting Standards, International Financial Reporting Standards und steuerliche Gewinnermittlung : Möglichkeiten für eine modifizierte Massgeblichkeit /." Sternenfels : Verl. Wiss. und Praxis, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=012926115&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Demirkol, Berk. "Responsibility under international investment law for acts of the judiciary." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708071.

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Lenhard, Klaus G. "International Participation in AOS Standards Development." International Foundation for Telemetering, 1989. http://hdl.handle.net/10150/614724.

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International Telemetering Conference Proceedings / October 30-November 02, 1989 / Town & Country Hotel & Convention Center, San Diego, California<br>During the current decade, international cooperation in space projects has become more and more popular and this trend is increasing. Initially, this involved only single missions with agencies flying payloads on other agencies' spacecraft. Later, this trend continued with international ventures, involving different agencies. In the immediate future, even more challenging scenarios are foreseen. The best known example and prime driver for such sophisticated missions will be the Space Station Freedom and its participating partners' spacecraft. Some of the international missions (ESA missions) are described briefly in this paper, in order to set the scene for a better understanding of the complex needs for standards within advanced orbiting systems. These ventures call for efficient means for cooperation and interoperability. Part of these requirements can be met by following international standards for space communications and space data systems. The Consultative Committee for Space Data Systems (CCSDS) undertook the task of integrating the space data systems requirements and developing appropriate recommendations for data systems standards for these Advanced Orbiting Systems (AOS). All international partners in the Space Station Freedom Program participated in the definition, development, and review of the AOS recommendations. The need for better cooperation in space communications via data relay satellite prompted the formation of a three party international panel called the Space Network Interoperability Panel (SNIP). An important aspect is the need for verification and validation of the concept and of the detailed technical recommendations. For the immediate future, special compatibility campaigns, involving the international agencies are planned in order to ensure the smooth application and functioning of the AOS recommendations.
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Lagelle, Anaïs. "Les standards en droit international économique." Nice, 2012. http://docelec.u-bordeaux.fr/login?url=http://www.harmatheque.com/ebook/9782343035413.

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Le droit international économique, souvent décrié comme étant inefficace, voire inexistant, connaît aujourd’hui un renouveau de sa normativité. En effet, la technique du standard juridique permet au droit international économique d’être efficace et d’encadrer l’action de tous ses acteurs. A cet égard, les standards occupent une place tout à fait manifeste dans le droit international économique. L’importance de la place octroyée aux standards s’évalue, d’une part, ratione personae, c’est-à-dire que tous les acteurs du droit international économique contribuent à l’instauration durable de la technique du standard juridique dans l’ordre international économique, favorisant ainsi la normativité du droit international économique. D’autre part, elle s’évalue ratione materiae, dans ce sens que tous les domaines couverts par le droit international économique se trouvent empreints de la technique juridique du standard. Pour autant, la place manifeste accordée aux standards ne s’accompagne pas d’un rôle tout aussi indiscutable. En effet, le rôle des standards en droit international économique s’avère être beaucoup plus latent, beaucoup plus caché que leur existence. Ainsi, bien que les standards aient nécessairement un rôle à jouer dans la mise en oeuvre du droit, ce rôle apparaît très souvent comme controversé. Les standards, dont le rôle est à la fois normatif et régulateur, sont bien souvent dépeints comme portant atteinte à la cohérence et à la sécurité juridique. Pour autant, cette affirmation peut être relativisée et les standards doivent désormais être considérés comme étant la norme la plus à même de favoriser la régulation des acteurs du droit international économique et de contribuer à la normativité du droit international économique<br>The international economic law, often criticized as inefficient, or even nonexistent, has, nowadays, a renewal of its normativity. Indeed, the technique of legal standard allows international economic law to be efficient and to set limits to the action of all of its actors. In this frame, standards hold a significant place in the international economic law. On one side, this importance can be valued ratione personae, in the way that all the actors of international economic law contribute to a lasting establishment of the legal standard technique in the international economic law, promoting in this way the international economic law normativity. On the other side, it can be valued ratione materiae, since all the fields of the international economic law are marked by the legal standard technique. But the obvious importance of the standards existence isn’t so indisputably reflected in their role. In spite of the fact that standards have a real role to play in the implementation of the law, this role often appears as controversial. Standards, whose role is to be normative and regulating, are often depicted as detracting the coherence and the security of law. But, this assertion should be put in perspective because standards have to be considered, from now on, as the best norm to regulate the action of the international economic law subjects and to contribute of the international economic law normativity
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Beckerdite, Stanley M. "The use of International Standards Organization ISO 9000 Quality Assurance Standards in place of military standards." Thesis, Monterey, Calif. : Naval Postgraduate School, 1992. http://handle.dtic.mil/100.2/ADA256203.

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Thesis (M.S. in Management)--Naval Postgraduate School, June 1992.<br>Thesis Advisors: Matsushima, Rodney F. ; Zirschky, Stephen. "June 1992." Includes bibliographical references (p. 139-140). Also available in print.
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Books on the topic "International standards of judiciary"

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Elodie, Maître-Arnaud, ed. Notions-cadre, concepts indéterminés et standards juridiques en droit interne, international et comparé. Bruylant, 2008.

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Baldinger, Dana. Vertical judicial dialogues in asylum cases: Standards on judicial scrutiny and evidence in international and European asylum law. Brill Nijhoff, 2015.

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Andrew, Byrnes, Adams Kirstine, and Commonwealth Secretariat, eds. Gender equality and the judiciary: Using international human rights standards to promote the human rights of women and the girl child at the national level. Commonwealth Secretariat, 1999.

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Baldinger, Dana. Rigorous scrutiny versus marginal review: Standards on judicial scrutiny and evidence in international and Europan asylum law. W.L.P. (Wolf Legal Publishers), 2013.

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Caribbean Regional Judicial Colloquium (1997 Georgetown, Guyana). Gender equality and the judiciary: Using international human rights standards to promote the human rights of women and the girl-child at the national level : papers and statements from the Caribbean Regional Judicial Colloquium, Georgetown, Guyana, 14-17 April 1997. Commonwealth Secretariat, 1999.

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Parker, David. International Valuation Standards. John Wiley & Sons, Ltd, 2016. http://dx.doi.org/10.1002/9781118329795.

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Basu, Kaushik, Henrik Horn, Lisa Romn, and Judith Shapiro, eds. International Labor Standards. Blackwell Publishing Ltd, 2003. http://dx.doi.org/10.1002/9780470754818.

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International Valuation Standards Committee. International valuation standards. International Valuation Standards Committee, 2000.

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International Accounting Standards Committee. International accounting standards. International Accounting Standards Committee, 1996.

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International Valuation Standards Committee. International valuation standards. International Valuation Standards Committee, 2001.

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Book chapters on the topic "International standards of judiciary"

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Lourie, Greg. "The Case for Judicial Capacity Building Through International Arbitration." In European Union and its Neighbours in a Globalized World. Springer Nature Switzerland, 2025. https://doi.org/10.1007/978-3-031-76345-8_3.

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Abstract Judicial capacity building is recognized as a vital element of development policy. However, with resources for (judicial) capacity building being limited, this paper seeks to address first the question of why states should dedicate the limited resources available to invest in capacity building through international arbitration. Second, if such investment is to be made, what should be the focus of capacity building efforts in order to achieve the best long-term success? In answering these questions, this paper posits that international arbitration should be considered by states as a pivotal element of judicial capacity building because it contributes to an effective judiciary and political stability, in turn enabling the state to better attract foreign direct investment (FDI). A well-functioning legal framework for international arbitration may act as a catalyst for FDI by boosting investor confidence and economic development. Countries with robust arbitration frameworks may be able to attract significant FDI despite inefficiencies in their domestic judicial systems. The availability of effective dispute resolution mechanisms also fosters political stability and economic development by strengthening the rule of law and contributes to maintaining public confidence and social stability. For successful capacity building, all stakeholders—including government officials, legislators, the judiciary, lawyers, and arbitrators—must be involved. Training government officials ensures informed policy-making, while judicial training ensures that the established arbitration framework properly functions in practice. Training local practitioners and arbitrators fosters acceptance and trust in arbitration. Lastly, robust arbitral institutions are crucial in capacity building. They fulfill this role not only through knowledge-sharing and training initiatives but also by acting as intermediaries between the parties and the arbitral tribunal. In this capacity, strong arbitral institutions foster trust in the arbitral process by ensuring the quality of selected arbitrators and maintaining a high standard of arbitral awards.
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Ioannidis, Michael. "A Procedural Approach to the Legitimacy of International Adjudication: Developing Standards of Participation in WTO Law." In International Judicial Lawmaking. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29587-4_7.

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Venzke, Ingo. "Making General Exceptions: The Spell of Precedents in Developing Article XX GATT into Standards for Domestic Regulatory Policy." In International Judicial Lawmaking. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29587-4_6.

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Boggero, Giovanni, and Karin Oellers-Frahm. "Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_15.

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AbstractIn this chapter we focus on the consequences of Sentenza 238/2014 for the Italian judiciary. The judgment of the Corte Costituzionale obliges the Italian tribunals to admit claims for the reparation of victims or the heirs of victims and to decide on the merits. In this context, a series of difficult legal questions arise that require consistent answers. The practice shows, however, that consistent answers cannot be taken for granted as long as the decision is in the hands of lower-level tribunals. The questions to be solved concern, firstly, who can bring a claim: the victims only or—in cases where they are no longer alive—also their spouses, children, or even grandchildren and other family members? This raises a second question namely whether there is any time limit for bringing claims, which of course touches upon more general concerns, such as intertemporal law, statutory limitations, prescriptions, forfeiture and inadmissibility due to reparation agreements. Thirdly, there is the question as to the specific nature of the reparations: for example, financial reparations and their calculation standards, or satisfaction only? A further question arising from all decisions granting reparation relates to the execution of the judgments, as it seems rather illusory that Germany will comply voluntarily with such judgments. An additional aspect the chapter addresses is the broader impact of the decisions of the Italian judiciary: the non-recognition of state immunity before Italian tribunals will make Italy an attractive forum for similar claims, evidence of which has already emerged. Furthermore, the decisions of the tribunals will serve—although certainly involuntarily—as precedents in similar cases not only in Italy. Such effects will concern issues such as (a) the reparation of war-related claims on an individual basis and (b) their consequences for the readiness of states to terminate armed activities by concluding peace treaties and reparation agreements on a lump sum basis. With a view to actual armed conflicts that are mostly not international armed conflicts the question has then to be asked (c) whether individual reparation claims will lead to discriminatory consequences as reparation will probably only be realizable for victims of war crimes committed by state organs and not those committed by non-state actors. The chapter will then conclude by trying to assess more in general the task of constitutional and/or supreme courts to balance the consequences flowing from their decisions against their power or intent to enhance the development of (international) law.
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Zhao, Xinyan. "Introduction." In European Yearbook of International Economic Law. Springer Nature Switzerland, 2024. https://doi.org/10.1007/978-3-031-73876-0_1.

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AbstractThe concept of development has evolved to address a wide range of human needs, including poverty eradication, human rights protection, and environmental conservation. Following WWII, the UN and scientific progress shaped the concept of sustainable development, culminating in the 2015 Sustainable Development Goals. However, the implementation of the 17 UN SDGs is currently hindered by the non-binding nature of international law and the lack of an international judicial system for enforcement. Although the WTO’s role in influencing domestic legislation could potentially advance SDGs, current WTO rules and practices are inadequate for ensuring comprehensive SDG implementation. Efforts to integrate sustainability standards into WTO law, such as the US proposal for actionable subsidies, have not gained widespread support. While WTO provisions like GATT Article XX provide some flexibility for sustainable practices, the overall framework needs reform. This monograph argues for applying a ‘sustainability test’ by WTO panels to align trade practices with the SDGs and examines potential reforms to integrate these changes into WTO rules through a sustainable development club.
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Nuggehalli, Nigam. "Contracts, Status and the Judiciary." In International Taxation. Springer India, 2019. http://dx.doi.org/10.1007/978-81-322-3670-2_3.

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Sullivan, Kevin. "International Standards." In Anti–Money Laundering in a Nutshell. Apress, 2015. http://dx.doi.org/10.1007/978-1-4302-6161-2_8.

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Sullivan, Kevin. "International Standards." In Anti-Money Laundering in a Nutshell. Apress, 2023. http://dx.doi.org/10.1007/979-8-8688-0066-5_4.

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Humphreys, Matthew, and Douglas Munro. "International standards." In Brexit and the Car Industry. Routledge, 2019. http://dx.doi.org/10.4324/9780429023873-5.

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Miljojkovic, Teodora. "Vetting as a Tool for Strengthening Judicial Integrity in the OSCE Region." In Polarization, Shifting Borders and Liquid Governance. Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-44584-2_6.

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AbstractVetting procedures have gained momentum in Third Wave Democracies as a tool for rebuilding state capacity post-crisis or during regime shifts within the transitional justice framework. Vetting procedures are present in contemporary legal realities, but the discourse around them remains mainly in the transitional justice setting. This chapter’s central claims are that the aims and rationales of vetting procedures have changed considerably over time; unlike in the transitional justice framework, where the political and moral criteria for judicial assessment matter, contemporary vetting focuses on boosting judicial integrity to strengthen the rule of law. Secondly, there is a need for a novel lens on vetting to strengthen judicial integrity. Thirdly, a distinct framework should, on the one hand, observe the international standards of judicial independence and the rule of law and, on the other, account for the specificities of the local contexts in which vetting is applied. Finally, a short overview of the Serbian vetting saga shows that vetting as a strengthening tool may have detrimental outcomes, even when guided by presumably laudable intentions.
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Conference papers on the topic "International standards of judiciary"

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Pathak, Lakshin, Mili Virani, Mohammad S. Obaidat, et al. "A Transfer Learning-Based Intelligent Judiciary System for Public Safety." In 2024 International Conference on Communications, Computing, Cybersecurity, and Informatics (CCCI). IEEE, 2024. http://dx.doi.org/10.1109/ccci61916.2024.10736468.

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Goldberg, G. "EMC Standards." In 11th International Zurich Symposium and Technical Exhibition on Electromagnetic Compatibility. IEEE, 1995. https://doi.org/10.23919/emc.1995.10784167.

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Dennis, Jed, Todd Walter, Jason Anderson, et al. "SBAS Authentication Standards." In 37th International Technical Meeting of the Satellite Division of The Institute of Navigation (ION GNSS+ 2024). Institute of Navigation, 2024. http://dx.doi.org/10.33012/2024.19687.

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Ciugureanu-Mihailuţă, Carolina. "Ad-hoc evaluation of judges: panacea or Procust’s bed?" In International Scientific Conference “30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness”. Academy of Economic Studies of Moldova, 2022. http://dx.doi.org/10.53486/9789975155649.35.

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This study is reserved for the analysis of the problem of "special" evaluation of the Moldovan judicial system. The article reflects the purpose, necessity, justification, guarantees, international standards, but also the risks of ad hoc evaluation of judges. Any evaluation procedure of judges must pursue the sole purpose of enhancing the performances of judges. Ad hoc evaluation of judges may be necessary and justified if it is demonstrated that the judicial system is compromised to such an extreme degree and depth that the application of ordinary measures to ensure the evaluation and accountability of judges is not feasible to guarantee judicial independence, impartiality and integrity. In such a case, it is necessary to provide for a number of strict safeguards in order to provide protection to judges who conscientiously fulfill their duties. The application of measures to purify the judiciary without taking into account the international standards of fair trial or the basic principles of the independence of judges will compromise the intended objective, that of strengthening the judiciary, and will, on the contrary, undermine it.
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Orlovskaia, Sofia. "Development of a Risk-Oriented Approach in Financial Monitoring in Accordance with the Legislation of Ukraine." In Conferința științifică internațională studențească „Provocările contabilității în viziunea tinerilor cercetători”, ediția VII. Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/issc2023.63.

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The article analyzes the legal support of the risk-based approach in financial monitoring. It is determined that the updating of domestic legislation in the field of financial monitoring of Ukraine takes place taking into account international standards and includes reforming the system using a risk-based approach. For further development of Ukraine's financial monitoring system, it is necessary to take into account international standards, actively exchange information, strengthen cooperation with law enforcement agencies and the judiciary.
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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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Novokmet, Ante, Zvonimir Tomičić, and Ivan Vidaković. "FACIAL RECOGNITION TECHNOLOGY IN EU CRIMINAL JUSTICE - HUMAN RIGHTS IMPLICATIONS AND CHALLENGES." 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/27461.

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This paper considers the legal justification for the application of various advanced systems of facial recognition technology for the purpose of initiating and conducting criminal proceedings. Therefore, the theoretical foundations and minimum European standards are first analyzed as a basis for the deployment of various facial recognition technology (hereinafter: FRT) systems in practice of law enforcement agencies. Then the legislative framework of selected European countries that have already established certain forms of FRT in criminal proceedings are presented. The experiences and legal consequences of the application of such systems are analyzed, and the first decisions of the judiciary on the admissibility of the results of actions and measures based on FRT as evidence in criminal proceedings are presented. Finally, the existing normative solutions are critically reviewed and, based on common European standards established to protect citizens from the repressive power of state bodies, the minimum conditions that must be met in order to harmonize the use of FRT with the basic principles of contemporary European criminal proceedings are proposed.
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Trajanovska, Vesna, and Natasha Jovanova. "DETENTION - ANALYSIS OF THE DOMESTIC AND INTERNATIONAL LEGISLATION (THEORY AND PRACTICE)." In SECURITY HORIZONS. Faculty of Security- Skopje, 2020. http://dx.doi.org/10.20544/icp.11.01.20.p22.

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This paper elaborates the key role of detention in criminal proceedings and provides guidance for its successful application in accordance with the domestic and international legal standards and human rights. Furthermore, it emphasizes the importance of the implementation of other measures to ensure defendant’s presence and successful criminal case (hereinafter referred as alternative measures). The way in which analysis of detention is applied in North Macedonian judiciary, indicates significant deficiencies in decisions ordering and continuation of this measure expressed by inadequate explanations of the legal grounds. Namely, the conclusion is that the explanations are stereotyped, non-individualized and include a retelling of the legal text of the Law on Criminal Procedure. Inescapable impression is that the approach of judges when assessing which measure to be enforced, often begins and ends with detention, instead first evaluating the possibilities afforded by other provisions of the criminal procedural legislation and which do not lead to strictly limiting the freedom of the defendant, but they mean imposing injunctions, restrictions or obligations. The practice applied in the field of detention in North Macedonia is very common in the context of public arrests of subjects. Entities taken into custody are considered guilty since the beginning, and it is forgotten they are innocent until proven otherwise. In terms of the new law on criminal procedure, the presence of three key UNITS in deciding detention is highlighted, and those are: primary suspicion for committing a crime, explaining the grounds for granting custody and explaining why any alternative measures are not implemented. Combining alternative measures can bring results, but unfortunately in North Macedonia it is not used. Finally, this paper underlines that there must be relevant and specific 142 reasons before adoption of detention, and not making exceptions and emphasizing exaggerated and misused role of the media in the act of arresting.
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Matić Bošković, Marina, and Svetlana Nenadić. "IMPACT OF COVID-19 PANDEMIC ON CRIMINAL JUSTICE SYSTEMS ACCROSS EUROPE." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18307.

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Last year the Europe and world were facing with COVID-19 outbreak that put at the risk lives of the people and capability of healthcare systems to provide their services. To prevent spread of the COVID-19 governments have imposed restrictive measures, while some of them declared state of emergency. The response to the pandemic influenced on the functioning of the criminal justice system and daily operation of courts, but also on the substantive criminal law since some states are applying criminal law to violation of restrictive measures or to criminalizing disinformation on COVID-19 outbreak. Outbreak of COVID-19 revealed new trends in criminal law like accelerated introduction of new crimes during pandemic, extremely flexible interpretation and rapid changes of criminal laws, which tend to be threat for legal stability and human rights protection. In addition, populist governments tend to use that new trend as a tool in suppression of political dissidents. COVID-19 pandemic has posed unprecedent challenges to the functioning of judiciaries. Courts and prosecution services were working with limited capacities to ensure social distancing. Some countries introduced ICT tools and fast-track procedures to organize hearings, which raised question of procedural rights and protection of rights of defendant. In the article authors assessed whether derogation of fair trial rights was in the line with standards of international human rights law and if introduction of state of emergency and restrictions were proportionate, time limited and needed and whether they changed understanding of the fundamental rights protection, especially right to a fair trial. Furthermore, authors explore whether COVID 19 changed perception of criminal law and legal certainty. Authors assessed how restrictions in the organization of judiciary work influenced on human rights protection and citizens trust in judiciary. Consequently, authors assesses whether some of introduces changes, especially use of ICT tools made permanent changes in operation of courts and understanding of access to justice. Finally, authors are assessing whether these changes tend to erode judiciaries or put into the risk access to justice in the EU members states and candidate countries or whether they jeopardized EU principle of mutual trust.
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Jovašević, Dragan. "Neovlašćeno držanje opojnih droga (međunarodni standardi i pravo Republike Srbije)." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24144a.

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On the basis of universal, i.e. regional international standards, numerous criminal legislations, including the positive legislation of the Republic of Serbia, recognize several criminal acts of abuse of narcotic drugs. Unauthorized possession of narcotic drugs stands out among these crimes. It consists in unauthorized, illegal possession, possession of narcotic drugs, provided that it is a small amount of narcotic drugs, with a specific purpose, goal - for personal use. It is a punishable act of “possession”, regardless of how the object of the act ended up in the state of the perpetrator. Based on international standards, the paper analyzes the concept, elements, content, characteristics and forms of manifestation of the criminal offense of unauthorized possession of narcotic drugs in the law of the Republic of Serbia from the perspective of theory and judicial practice
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Reports on the topic "International standards of judiciary"

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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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Vadelund, Eric A. Proceedings of conference on international standards. National Bureau of Standards, 1985. http://dx.doi.org/10.6028/nbs.ir.85-3228.

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Clougherty, Joseph, and Michal Grajek. International Standards and International Trade: Empirical Evidence from ISO 9000 Diffusion. National Bureau of Economic Research, 2012. http://dx.doi.org/10.3386/w18132.

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Krueger, Alan. Observations on International Labor Standards and Trade. National Bureau of Economic Research, 1996. http://dx.doi.org/10.3386/w5632.

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Carver, Gary P., and Howard M. Bloom. Multi-enterprise concurrent engineering through international standards. National Institute of Standards and Technology, 1991. http://dx.doi.org/10.6028/nist.ir.4708.

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Jensen, Richard, and Marie Thursby. Patent Races, Product Standards, and International Competition. National Bureau of Economic Research, 1991. http://dx.doi.org/10.3386/w3870.

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Mason, J. (International standards for text preparation and interchange). Office of Scientific and Technical Information (OSTI), 1990. http://dx.doi.org/10.2172/7183980.

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Krylov, Konstantin Davydovich. Russian Labor protection Legislation and International Standards. DOI СODE, 2022. http://dx.doi.org/10.18411/doicode-2022.043.

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Cooke, Patrick W. An update of U.S. participation in international standards activities. National Institute of Standards and Technology, 1989. http://dx.doi.org/10.6028/nist.ir.89-4124.

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Hopper, Calvin Mitchell. Domestic and International Nuclear Energy Voluntary Consensus Standards Needs. Office of Scientific and Technical Information (OSTI), 2013. http://dx.doi.org/10.2172/1068740.

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