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Journal articles on the topic 'Jurisdiction ratione temporis'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Gattini, Andrea. "Jurisdiction ratione temporis in International Investment Arbitration." Law & Practice of International Courts and Tribunals 16, no. 1 (June 21, 2017): 139–58. http://dx.doi.org/10.1163/15718034-12341345.

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Issues concerning the temporal scope of jurisdiction of international investment arbitration tribunals are attracting increased attention due to recent events, such as the denunciation of the icsid Convention by some states, the denunciation of bilateral investment treaties from which the tribunals draw their jurisdiction, or the provisional application of other treaties concerning investment protection. The solutions offered by most arbitral tribunals are in line with international customary rules on the law of treaties, a point which deserves attention as further proof of the cohesiveness of international investment law with public international law.

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2

Djajic, Sanja. "Temporal jurisdiction of international judicial and arbitral courts." Zbornik Matice srpske za drustvene nauke, no. 135 (2011): 211–30. http://dx.doi.org/10.2298/zmsdn1135011d.

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Author explores different temporal aspects of jurisdiction of International Court of Justice, European Court for Human Rights and international investment arbitrations. Temporal limitations are two-fold: non-retroactivity of international acts, on one hand, and ratione temporis conditions for each and every international forum, on the other. Despite differences courts tend to conceptualize common elements across the borders of different jurisdictional rules. The rule of non-retroactivity will find its application before different fora, but discrepancies will emerge with respect to concepts of continuous and composite acts which potentially may overcome temporal limitations. This article explores intertemporal rule and non-retroactivity within the meaning of Article 28 of the Vienna Convention on the Law of Treaties and Articles 13-15 of ILC Articles on State Responsibility.

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3

Heri, Corina. "Enforced Disappearance and the European Court of Human Rights’ ratione temporis Jurisdiction." Journal of International Criminal Justice 12, no. 4 (August 13, 2014): 751–68. http://dx.doi.org/10.1093/jicj/mqu053.

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4

Bordin, Fernando Lusa. "Procedural Developments at the International Court of Justice." Law and Practice of International Courts and Tribunals 14, no. 2 (August 24, 2015): 340–64. http://dx.doi.org/10.1163/15718034-12341297.

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The present column covers procedural developments at the International Court of Justice in the period spanning from 1 June 2014 to 30 June 2015. These include: the scope of the Court’s jurisdiction ratione temporis under a compromissory clause in the context of State succession; the admissibility of new arguments presented during oral hearings; the burden, standard and methods of proof in cases involving State responsibility for international crimes; and revocation of provisional measures in light of a change in the situation that warranted them.

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5

Alexandrov, Stanimir. "The "Baby Boom" of Treaty-Based Arbitrations and the Jurisdiction of ICSID Tribunals: Shareholders as "Investors" and Jurisdiction Ratione Temporis." Law & Practice of International Courts and Tribunals 4, no. 1 (2005): 19–59. http://dx.doi.org/10.1163/1571803053498853.

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6

Buyse, Antoine. "A Lifeline in Time – Non-retroactivity and Continuing Violations under the ECHR." Nordic Journal of International Law 75, no. 1 (2006): 63–88. http://dx.doi.org/10.1163/157181006778530803.

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AbstractThe protective shield of a human rights treaty in principle only works once it has entered into force. But what about the frequent problem of human rights violations that occurred or started before that time; can one complain about those on the international level? In other words, what are the limitations of the ratione temporis jurisdiction of supervisory human rights mechanisms? This article explores this question in the context of general public international law through a case study of the European Convention on Human Rights. It argues that the European case law's variations on principles of international law can be explained by the special nature of human rights treaties.

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7

AKHAVAN, PAYAM. "Balkanizing Jurisdiction: Reflections on Article IX of the Genocide Convention in Croatia v. Serbia." Leiden Journal of International Law 28, no. 4 (October 30, 2015): 893–97. http://dx.doi.org/10.1017/s0922156515000473.

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AbstractWhen it first encountered the Genocide Convention in its 1951 Advisory Opinion, the International Court of Justice recognized that the treaty reflected the ‘most elementary principles of morality’. Its provisions were to be read broadly, in light of the Convention's transcendent object and purpose. This expansive approach stands in contrast with the narrow interpretation of Article IX in the recent Judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) case. This article is a commentary on the retroactive obligation to punish genocide under the Convention with regard to acts occurring prior to its entry into force for that state. It concludes that the Court's narrow interpretation of its jurisdiction ratione temporis raises wider questions for its contemporary jurisprudence, namely, whether it will interpret human rights treaties enshrining fundamental values any differently than other international instruments.

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8

Zhao, Chunlei. "Jurisdiction Ratione Temporis in Successive International Investment Agreements: What Can Chinese Investors Learn from the Ping An Case?" China and WTO Review 3, no. 1 (March 1, 2017): 61–90. http://dx.doi.org/10.14330/cwr.2017.3.1.03.

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9

Bjorge, E. "Right for the Wrong Reasons: Silih v Slovenia and Jurisdiction Ratione Temporis in the European Court of Human Rights." British Yearbook of International Law 83, no. 1 (January 1, 2013): 115–36. http://dx.doi.org/10.1093/bybil/brt001.

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10

Augusto, Antônio, and Cançado Trindade. "Enforced Disappearances of Persons as a Violation of Jus Cogens: The Contribution of the Jurisprudence of the Inter-American Court of Human Rights." Nordic Journal of International Law 81, no. 4 (2012): 507–36. http://dx.doi.org/10.1163/15718107-08104005.

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The consolidation of the international regime of absolute prohibitions (belonging to the domain of jus cogens) of torture, summary and extra-legal executions, and enforced disappearances of persons has counted on the contribution of the case-law of contemporary international tribunals, such as, notably, the Inter-American Court of Human Rights (IACtHR). The jurisprudential construction of the IACtHR to this effect has taken place mainly in the period 1999–2004. The IACtHR began by addressing issues pertaining to its competence ratione temporis, duly distinguishing their bearing on responsibility and jurisdiction. The IACtHR singled out the aggravating circumstances surrounding enforced disappearances of persons, bringing about the enlargement of the notion of victim (comprising the next of kin). The IACtHR duly acknowledged and asserted the absolute prohibitions of jus cogens in the conformation of an international legal regime against grave violations of human rights and international humanitarian law (such as enforced disappearances of persons). The IACtHR became the first contemporary international tribunal, in this connection, to sustain that the enlarged material content of jus cogens encompasses nowadays the victims’ right of access to justice lato sensu, properly understood as the imperative of the realisation of objective or material justice.

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11

Bekker, Peter H. F. "NATO air campaign against Yugoslavia—provisional measures—-jurisdictional standard for provisional measures—Optional Clause jurisdiction—effect of reservation ratione temporis in declaration accepting compulsory jurisdiction—forum prorogatum—effect of reservations to Article IX of Genocide Convention." American Journal of International Law 93, no. 4 (October 1999): 928–33. http://dx.doi.org/10.1017/s0002930000027500.

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12

El Zeidy, Mohamed. "The Ugandan Government Triggers the First Test of the Complementarity Principle: An Assessment of the First State's Party Referral to the ICC." International Criminal Law Review 5, no. 1 (2005): 83–120. http://dx.doi.org/10.1163/1571812053320138.

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AbstractThe Ugandan referral of its situation to the ICC raises some interesting legal issues that merit examination. As demonstrated in the current study, the acts committed during the current con flict in Uganda meet the requirements of the ICC jurisdiction ratione materiae, however, the problem remains that most of the acts were committed or were initiated before the Statute's entry into force. As the Court has a speci fied temporal jurisdiction, it is clear that the Court would lack jurisdiction over those acts committed before July 1, 2002. However, the question that remains is whether acts that commenced before the July 1, 2002 and continue after that date would be considered by the Court.Given the fact that Uganda is both the territorial state and the state of nationality (as deduced from section 1.1) – an unanticipated situation, some legal arguments come into play. The main issue that arises is that the self-referral implies a sort of waiver of the State to exercise complementarity. Would this be legally acceptable? And what are the consequences if the Court accepted this waiver? To what extent does such acceptance affect other admissibility provisions including the application of Article 17?

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13

Kulesza, Witold. "Zbrodnia katyńska przed Europejskim Trybunałem Praw Człowieka — refleksje nad wyrokiem z 21 października 2013 roku." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 349–73. http://dx.doi.org/10.19195/2084-5065.43.19.

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The Katyń massacre before the European Court of Human Rights — reflections on the October 21, 2013 judgmentBoth the Nuremberg Tribunal in its judgment of Jan. 1, 1946 as well as the European Court of Human Rights’ Grand Chamber judgment of Oct. 21, 2013 in the case of Janowiec and Others v. Russia abstracted from a substantive decision on Russia’s responsibility for the Katyń massacre and failed to determine the consequences to be borne by the defending state, whose authorities decided upon the performance of the act in question. Contemporary Russian state denies that the murder of 22,000 Polish prisoners of war and inmates at the behest of the highest authorities of the USSR in 1940 was indeed a war crime. According to the position of the Russian government, represented before the ECHR, what took place was solely a crime committed by the administrative personnel who acted beyond their authority, the prosecution of which expired after 10 years, i.e. in 1950. The Russian side also claimed that it was not obliged to conduct an investigation on the matter and refused to disclose the content of the order to discontinue the criminal proceedings issued in 2004 to both the relatives of those who were murdered and to the ECHR. It also refused to recognize the murdered Polish prisoners of war as victims of political repression, claiming that it is unclear according to which criminal code they were sentenced to be shot. Russia’s position in denying the temporal jurisdiction of the ECHR and the ratione materiae with regard to the Katyń massacre which was in fact accepted by the ECHR in its judgment, should be subject to criticism. According to the statement of the court, Russia has not violated Article 2 of the Convention in its procedural aspect or Article 3 in its way of dealing with the relatives of the victims. The Court has lost the chance to contribute to appointing — in terms of human rights — a protection standard for a vital legal interest, which is currently the collective memory of the persecution of people because of their national, racial or religious background, ones who had become victims of war crimes and crimes against humanity, committed in the name of Nazi or communist ideology once pursued in Europe.

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14

Tigranyan, Hasmik, and Edita Gzoyan. "ECtHR Retroactive Jurisdiction and the Possibility of Compensations for the Armenian Properties Confiscated during and after the Armenian Genocide: A Brief Analysis." International Journal of Armenian Genocide Studies, March 19, 2021, 91–101. http://dx.doi.org/10.51442/ijags.0010.

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This article examines retroactive jurisdiction of the European Court of Human Rights (ECtHR) for the possibility to litigate compensations for the Armenian properties confiscated during and after the Armenian Genocide. The study considers ECtHR platform for the Armenian Genocide reparations, as ECtHR is the most effective human rights regional Court to compel Turkey to protect human rights and remedy for violations. The paper considers only European Convention on Human Rights (Convention) Article 1 Protocol 1 to avoid as much as possible politicizing this study. Considering the fact that a long time has passed since the confiscations, this study considers ratione temporis jurisdiction of the ECtHR.

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15

Baumgartner, Jorun. "The Significance of the Notion of Dispute and Its Foreseeability in an Investment Claim Involving a Corporate Restructuring." Journal of World Investment & Trade, February 9, 2017, 201–31. http://dx.doi.org/10.1163/22119000-12340035.

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Corporate restructuring is a practice arbitral tribunals have been increasingly confronted with in recent years. In their attempt to draw a line between ‘legitimate nationality planning’ and ‘abusive treaty shopping’, arbitral tribunals have over the years developed a line of jurisprudence that focuses on the timing of the corporate restructuring: rejecting jurisdiction ratione temporis if a dispute already existed at the time of the restructuring, respectively finding the claim inadmissible on grounds of abuse of rights/abuse of process if the dispute was foreseeable. Thus, the question invariably arises when a dispute has come into being respectively when it is foreseeable. However, arbitral tribunals have applied existing international jurisprudence on the notion of dispute only inconsistently. The present article critically analyses the application of the ‘pre-existing/foreseeable dispute’ jurisprudence in the recent Philip Morris v Australia award and other restructuring arbitral decisions.

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16

SAVARESE, Eduardo. "BIT Clauses Bearing on the Ratione Temporis Jurisdiction of ICSID Tribunals. A Survey on the Constituent Elements of Investor-State Legal Disputes under BITS." Journal of World Investment & Trade, 2009, 601–16. http://dx.doi.org/10.1163/221190009x00321.

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