Relevant bibliographies by topics / National Court of Justice

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

Academic literature on the topic 'National Court of Justice'

Author: Grafiati
Published: 4 June 2021
Last updated: 12 February 2022

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Journal articles on the topic "National Court of Justice"

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Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE." Pravni vjesnik 36, no. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.

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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.
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Bastos, Filipe Brito. "Judicial Annulment of National Preparatory Acts and the Effects on Final Union Administrative Decisions: Comments on the Judgment of 29 January 2020, Case C-785/18 Jeanningros, EU:C:2020:46." Review of European Administrative Law 14, no. 2 (2021): 109–17. http://dx.doi.org/10.7590/187479821x16254887670928.

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The European Court of Justice's classic Borelli doctrine concerned administrative procedures where national authorities adopt preparatory acts which are binding upon the Union administration. In such cases, preparatory acts cannot be reviewed by Union courts as part of the review of the final Union decision and must instead be reviewed by national courts. Jeanningros provided the Court of Justice with an opportunity to clarify one of Borelli's remaining loose ends – the question of whether national courts should review the national preparatory acts even if the Union administration has already adopted the final decision. The Court answered in the affirmative, but nevertheless left new open questions for legal practice and scholarship to confront.
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Milinis, Albertas, and Kristina Pranevičienė. "Conditions and Circumstances which Lead to Application to the Court of Justice of the European Union and Adoption of a Preliminary Ruling." Baltic Journal of Law & Politics 9, no. 2 (2016): 130–49. http://dx.doi.org/10.1515/bjlp-2016-0015.

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Abstract This article deals with the issues concerning the communication between the national courts of the European Union Member States and the Court of Justice of the European Union via the preliminary ruling procedure. The doctrines of acte clair and acte éclairé are described briefly in the article. The authors explicitly investigate the national court’s right to apply to the Court of Justice of the European Union and the obligation to apply to the Court of Justice of the European Union for a preliminary ruling. The recent tendencies in the jurisprudence of the national courts of the Republic of Lithuania while applying for preliminary rulings are revealed.
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Ojomo, Edefe. "Competing Competences in Adjudication: Reviewing the Relationship between the ECOWAS Court and National Courts." African Journal of Legal Studies 7, no. 1 (2014): 87–122. http://dx.doi.org/10.1163/17087384-12342042.

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Abstract This article argues that regional access to justice in West Africa provides an alternative to national access to justice through the institution of the ecowas Community Court of Justice. This gives West Africans the option of pursuing justice in national judicial institutions or in the ecowas Court. Therefore, it reveals a situation where both systems compete for effectiveness in meeting the justice demands of citizens while also encouraging greater complementarity in their institutional activities.
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Hinarejos, Alicia. "Social Legitimacy and the Court of Justice of the EU: Some Reflections on the Role of the Advocate General." Cambridge Yearbook of European Legal Studies 14 (2012): 615–33. http://dx.doi.org/10.5235/152888712805580525.

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AbstractThe Court of Justice of the European Union (CJEU, Court of Justice or Court, for short) operates in circumstances that are similar to those of a national constitutional court; at the same time, some significant features set it apart and make it more difficult for the Court of Justice to command the institutional loyalty or public support that national constitutional courts seem to enjoy in Europe. This chapter will, first, offer a brief overview of how and why the Court acquired a markedly political, and problematic, role within the judicial and legal system of the Union (Section II). Section III will then examine the different concepts of legitimacy that may be applied to courts and their decisions, focusing more specifically on the social dimension of legitimacy. This chapter will argue that the fact that the Court of Justice has to operate in a transnational context leads to a shortfall in its social legitimacy, at least when compared to national constitutional courts in Europe. Finally, Section IV will focus on the figure of the Advocate General as a mechanism that may lend some extra social legitimacy to the Court and its decisions—obviously without solving the problem completely—and that, more generally, may foster dialogue, debate and deliberative democracy in the Union.
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Lemmens, Koen. "Protocol No 16 to the ECHR: Managing Backlog through Complex Judicial Dialogue?" European Constitutional Law Review 15, no. 4 (2019): 691–713. http://dx.doi.org/10.1017/s1574019619000373.

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European Court of Human Rights – Protocol No. 16 – Advisory Opinions – Managing backlog – Unpredictable effects – Complex judicial dialogue – Interplay with preliminary rulings of European Court of Justice and national constitutional courts – Bosphorus presumption – National courts in charge of judicial diplomacy – Increased burden for national courts
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Shelton, Dinah. "The Participation of Nongovernmental Organizations in International Judicial Proceedings." American Journal of International Law 88, no. 4 (1994): 611–42. http://dx.doi.org/10.2307/2204133.

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Nongovernmental organizations are playing an increasingly important role in international litigation. This study will analyze the participation of nongovernmental organizations, primarily as amici curiae, in the proceedings of four permanent international courts: the International Court of Justice, the European Court of Justice, the European Court of Human Rights and the Inter-American Court of Human Rights. After discussing the impact of amici in national and regional courts, it recommends that the International Court of Justice expand its acceptance of submissions from nongovernmental organizations in appropriate cases. The Court has a jurisdictional basis to do so and amici have usefully contributed to cases before other courts.
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Mattli, Walter, and Anne-Marie Slaughter. "Revisiting the European Court of Justice." International Organization 52, no. 1 (1998): 177–209. http://dx.doi.org/10.1162/002081898550590.

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The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences.
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Chayka, K. L. "The Genesis of International Justice." Rossijskoe pravosudie 2 (January 28, 2021): 13–19. http://dx.doi.org/10.37399/issn2072-909x.2021.2.13-19.

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The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.
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Gibson, Gary M. "Justice Delayed is Justice Denied." Ontario History 108, no. 2 (2018): 156–88. http://dx.doi.org/10.7202/1050593ar.

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In 1811, William and James Crooks of Niagara built the schooner Lord Nelson. A year later, that vessel was seized by the United States Navy for violating American law, beginning a case unique in the relations between the United States, Great Britain and Canada. Although the seizure was declared illegal by an American court, settlement was delayed by actions taken (or not taken) by the American courts, Congress and the executive, the Canadian provincial and national governments, the British government, wars, rebellions, crime, international disputes and tribunals. It was 1930 before twenty-five descendants of the two brothers finally received any money.
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Dissertations / Theses on the topic "National Court of Justice"

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SARAIVA, ALLAN STANLEY. "THE EUROPEAN COURT OF JUSTICE, THE NATIONAL COURTS AND LEGAL INTEGRATION WITH THE EUROPEAN COMMUNITY." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 1999. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=2678@1.

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COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR<br>O Tribunal Europeu de Justiça começou sua trajetória como um tribunal internacional bastante fraco que sofria dos mesmos problemas enfrentados por outras instituições da mesma natureza. Assim, a questão crucial a ser respondida é como o Tribunal foi capaz de alterar os fundamentos do sistema jurídico comunitário, fortalecendo as bases de seu próprio prestígio político. O procedimento de reenvio prejudicial, criado pelo artigo 177 do Tratado de Roma, estabelece um vínculo direto entre os tribunais nacionais e o Tribunal Europeu, atruindo aos primeiros a responsabilidade pela aplicação das decisões do último. Isso siguifica que todas as sanções previstas pelo direito nacional podem ser aplicadas aos julgamentos do Tribunal Comunitário. Devido ao apoio dos tribunais nacionais, a maior ameaça política ao Tribunal Europeu - a ameaça da desobediência - foi em grande medida superada.<br>The European Court of Justice began as a fairly weak international tribunal, suffering from many of the problems faced by institutions of the same nature. So the crucial question to be answered is how the Court was able to change the foundations of theCommunity legal system, thus strengthening the bases of its own political prestige. The preliminary ruling procedure created by the Article 177 of the Treaty of Rome establishes a direct link between the national courts and the European Court, ascribing to the former the responsibility for the application of the decisions of the latter. lt means that all sanetions available under national law can be applied to the European court judgements.
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Lu, Yun. "The preliminary ruling : jurisdictional mechanism of cooperation between the Court of Justice of the European Union and national courts." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2182114.

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Aljaghoub, Mahasen M. "The advisory function of the International Court of Justice (1946-2004)." Thesis, University of Warwick, 2005. http://wrap.warwick.ac.uk/66995/.

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This study seeks to provide a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The last comprehensive study of the ICJ's advisory jurisdiction was published in 1973. Since then, there have been 11 more advisory opinions, some covering areas of great contemporary importance such as decolonisation, legal issues arising from the possession and possible use of nuclear weapons and international legal aspects of the Israeli Palestinian conflict. This thesis attempts to update previous work on the subject and also to reexamine the function of the advisory jurisdiction in light of these more recent opinions. The thesis highlights the "organic connection" between UN organs and the Court and the Court's contribution as one of the UN's principal organs to the Organisation. The basic argument of this thesis is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation. Consequently, each must be mindful of the need for some degree of restraint. The collective commitment to achieving the purposes of the Charter should be the ultimate goal for all organs. The study concludes that the Court's role as a participant in the UN's work is circumscribed by its duty to act judicially. In practice, the Court has succeeded in establishing a balance between its role as a principal organ of the UN and its position as a judicial institution with a duty to administer justice impartially. Lastly, the study emphasises that since the San Francisco Conference the advisory function has proved to be a successful instrument for providing authoritative legal opinions that aid the UN in carrying out its functions. The advisory opinions rendered by the Court and by its predecessor, the PCU, have actually gone beyond the expectations of the founders of these Courts, particularly in terms of their contribution to International Law. Yet, as this thesis suggests, the advisory function can still be improved.
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Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.

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The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
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Méndez, Chang Elvira. "The International Court of Justice in the dispute between Peru and Chile." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116726.

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This paper analyses the international obligation of solving disputes peacefully and the International Court of Justice role as a jurisdictional means of the United Nations in solving disputes. From this point, it analyses the Court role in the last years and its work solving territorial and maritime disputes, for example, the one between Peru and Chile. It presents an interesting study of the international obligations that led Peru and Chile solve the dispute peacefully and the advantages and disadvantages of it. Finally, it presents the main challenges that arise from turning to the International Court of Justice.<br>El artículo analiza la obligación internacional de solucionar pacíficamente las controversias y el papel de la Corte Internacional de Justicia como medio jurisdiccional de las Naciones Unidas en la solución de dichas controversias. A partir de ello, analiza el papel de la Corte en los últimos años y su labor en la resolución de disputas territoriales y marítimas, como la que surgió entre Perú y Chile. Se presenta un interesante estudio de las obligaciones internacionales que llevaron a Perú y Chile a solucionar pacíficamente la disputa así como las ventajas y desventajas de este medio. Finalmente, se exponen los principales retos que surgen al acudir a la Corte Internacional de Justicia.
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Butera, Gerald. "Rwanda Gacaca traditional courts : an alternative solution for post-genocide justice and national reconciliation /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Mar%5FButera.pdf.

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Thesis (M.A. in Stabilization and Reconstruction)--Naval Postgraduate School, March 2005.<br>Thesis Advisor(s): Douglas Porch, Nancy Roberts. Includes bibliographical references (p. 65-69) Also available online.
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Orago, Nicholas W. "Interrogating the competence of the African court of justice and human rights to review." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16789.

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Globalisation and the transfer of powers from state constitutional systems to international organisations (IOs) have led to several deficiencies, especially with regard to checks and balances in global governance. The need to inculcate the rule of law and constitutionalism in global governance has therefore gained currency in the 21st century. This has been exemplified by calls for the reform of the United Nations (UN) and the extensive reforms in regional IOs, such as the European Union (EU), with emphasis on institutional balance and the tempering of political power with institutional controls.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.<br>A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Jacqui Gallinetti Faculty of Law, University of the Western Cape, Cape Town, South Africa. 2010.<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM
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Capo-Chichi, Videkon Fantine. "L’autorité juridictionnelle de la Cour de justice de l’Union européenne et de la Cour Commune de Justice et d’Arbitrage de l’OHADA." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22023.

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Le Traité sur l’Union Européenne assigne à la Cour de Justice la mission de veiller au respect du droit dans l’application et l’interprétation des traités. A ce titre, elle interprète le droit de l’Union de manière à garantir une application uniforme du droit dans tous les Etats membres. De même, la Cour Commune de Justice et d’Arbitrage (CCJA) est chargée, conformément au Traité relatif à l’Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA), d’assurer dans les Etats Parties, l'interprétation et l'application communes du droit uniforme. Ces cours de justice partagent avec les juridictions nationales l’application judiciaire du droit né des traités. Mais les traités n’ont pas réalisé une fusion du système juridictionnel qu’ils ont créé avec celui des Etats membres et, une hiérarchie juridictionnelle n’a pas été établie entre la Cour de justice et les juridictions nationales. Se pose alors la question des moyens par lesquels ces cours de justice arrivent à imposer une application uniforme du droit dans les Etats membres. Après analyse, on relève qu’à travers l’attribution des pouvoirs juridictionnels, les traités ont conféré une autorité supranationale à la Cour de justice européenne et la Cour de justice de l’OHADA. En plus de cette autorité conférée qu’elles ne se contentent pas d’entretenir à l’égard des juridictions nationales, elles génèrent aussi de l’autorité dans le cadre de leur activité juridictionnelle. Ainsi, ces cours œuvrent pour une meilleure intégration régionale. De leur propre gré, elles n’hésitent pas à adopter des positions impérieuses de plus en plus conquérantes. Ce phénomène fait donc évoluer la conception classique des sources de l’autorité de ces cours. La CCJA bénéficie des prérogatives les plus offensives d’origine textuelle, au contraire de la Cour de justice européenne qui, quant à elle, apparaît plus conquérante dans sa jurisprudence<br>According to the treaty on the European Union, the Court of justice ensures that, in the interpretation and application of the treaties the law is observed. As such, it interprets EU law to make sure it is applied in the same way in all EU countries. In the same way, the treaty of the Organization for the Harmonization of the Business Law in Africa (OHBLA) has conferred to the Common Court of Justice and Arbitration (CCJA) the power to rule on, in the contracting states, the interpretation and enforcement of the treaty. Both regional courts share with national courts the power to apply the law resulting from the treaties.But there has not been a fusion of the judicial system of the member states and the community judicial system. No judicial hierarchy has been established between community courts and national courts. This brings the question of by which means the regional courts can enforce the uniform application of the law in the member states. After analysis, it appears that by granting jurisdictional power, the treaties gave a supranational authority to the European Court of Justice and the CCJA. In addition to the power granted to them, the courts also generate authority through their jurisdictional activities. Thus, the courts work for a better integration of the judicial systems by adopting more and more conquering authoritarian positions. This phenomenon has led to a change in the classical conception of the sources of power of the courts. The CCJA enjoys more power from treaties than the European Court of Justice which is more offensive in case law setting
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Cseke, Nóra. "Accès au juge et aux procédures d'asile à la lumière des droits européen, allemand et français." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA004.

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L’effectivité de l’accès aux instances de l’asile dépend de la réunion de plusieurs facteurs qui ne viennent pas uniquement du droit national. La condition sine qua non de l’effectivité d’un tel accès est une réception harmonieuse par les différents Etats, des garanties procédurales indispensables à celui-ci et définies au niveau européen, ce qui suppose toutefois une relation équilibrée entre le droit conventionnel et le droit de l’Union, construite dans un esprit de dialogue. Dans l’établissement de ce dialogue, le législateur de l’Union, tout comme la Cour européenne des droits de l’Homme et la Cour de justice de l’Union européenne jouent un rôle primordial, et si ce dialogue s’avérait dissonant, le droit national pourrait encore corriger les insuffisances ainsi constatées. Certes, à cette fin, il est nécessaire d’établir un dialogue également au niveau national, et ce, non seulement avec les instances européennes mais aussi à l’intérieur de l’Etat entre les autorités administratives et juridictionnelles. In fine, l’effectivité de cet accès est tout autant indispensable dans une dimension transfrontalière afin de rapprocher davantage les législations nationales et de proposer une solution européenne aux problèmes structuraux et systémiques caractérisant cet accès<br>The effectiveness of access to asylum bodies depends on a combination of several factors which are not derived solely from national law. The sine qua non of the effectiveness of such access is a harmonious reception by the various Member States of the procedural guarantees essential to it and defined at European level, which presupposes, however, a balanced relationship between ECHR law and Union law built in a spirit of dialogue. In establishing this dialogue, the EU legislator, like the European Court of Human Rights and the Court of Justice of the European Union, plays an essential role, and if this dialogue were to prove dissonant, national law could still correct any shortcomings thus noted. To this end, it is certainly necessary to establish a dialogue also at national level, not only with the EU legislator and the European courts but also between the administrative and judicial authorities at State level. Ultimately, the effectiveness of this access is also essential in a cross-border dimension in order to further approximate national legislation and to propose a European solution to the structural and systemic problems characterizing this access
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Lugulu, Jullie Ingrid. "A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12858.

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Includes bibliographical references.<br>The Rome Statute of the International Criminal Court (Rome Statute) provides for a close relationship between the International Criminal Court (Court) and the United Nations Security Council (Security Council). This relationship is demonstrated through Security Council exercise of referrals and deferrals. This dissertation discusses first, the Security Council referrals of the situations in Darfur, Sudan and Libya. Second, the Security Council passing of resolutions 1422(2002) and 1487(2003), which deferred the Court from commencing any investigations or prosecuting of any crimes that could have arisen as a result of the United Nations peacekeeping operations. This dissertation argues that the Security Council has exercised referrals and deferrals contrary to the Rome Statute, the Charter of the United Nations (the Charter), and the Negotiated Relationship Agreement between the Court and the Security Council (Relationship Agreement) as envisaged by the drafters of the Rome Statute. It concludes by stating that, the relationship between the Court and the Security Council is at a crossroad because the latter has failed to exercise referrals and deferrals in the manner provided for in the Rome Statute and as envisioned during the drafting of the Rome Statute, thereby equating the Court to the proverbial bark of a toothless dog.
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Books on the topic "National Court of Justice"

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Godwin, Tracy M. National youth court guidelines. National Youth Court Center, 2000.

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National Judicial Conference (2007 Islamabad, Pakistan). Report on National Judicial Conference, Feb. 9-11, 2007. Law and Justice Commission of Pakistan, 2007.

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National, Judicial Conference (2011 Islāmābād Pakistan). Report on the National Judicial Conference, 22-24 April, 2011. Law and Justice Commission of Pakistan, 2011.

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Aleman︠, Jose ︠Vicente Aguinaco. Nation's Supreme Court of Justice. Printed and made by Nation's Supreme Court of Justice], 1997.

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National Judicial Conference (2010 Islāmābād, Pakistan). Report on the National Judicial Conference 2010, 16-18 April, 2010. Law and Justice Commission of Pakistan, 2010.

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National Judicial Conference (2010 Islāmābād, Pakistan). Report on the National Judicial Conference 2010, 16-18 April, 2010. Law and Justice Commission of Pakistan, 2010.

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Keppler, Elise. Justice for serious crimes before national courts: Uganda's International Crimes Division. Human Rights Watch, 2012.

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Pakistan) National Judicial Conference (1st 2009 Islāmābād. Report of the Conference on Implementation of National Judicial Policy: On 4-5 July 2009 at the Supreme Court Islamabad. Law and Justice Commission of Pakistan, 2009.

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National Center for State Courts. and United States. Bureau of Justice Assistance., eds. Trial court performance standards with commentary: A joint project of the National Center for State Courts and the Bureau of Justice Assistance, United States Department of Justice. National Center for State Courts, 1990.

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Garry, Eileen M. Improving the adjudication process: A compendium of research sponsored by the National Institute of Justice, 1969-1984. U.S. Dept. of Justice, National Institute of Justice, 1985.

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Book chapters on the topic "National Court of Justice"

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Beigbeder, Yves. "Impunity, National Justice and Foreign Courts." In Judging War Criminals. Palgrave Macmillan UK, 1999. http://dx.doi.org/10.1057/9780230378964_6.

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Shaw, Jo. "Article 177 EC — The Organic Connection Between National Courts and the Court of Justice." In Law of the European Union. Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-14127-2_8.

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Shaw, Josephine. "Article 177 EEC — The Organic Connection Between National Courts and the European Court of Justice." In European Community Law. Macmillan Education UK, 1993. http://dx.doi.org/10.1007/978-1-349-13078-8_7.

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"The national court system in Portugal." In Justice Transformation in Portugal. OECD, 2020. http://dx.doi.org/10.1787/cc123123-en.

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Higgins, Rosalyn. "National Courts and the International Court of Justice." In Tom Bingham and the Transformation of the Law. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780199566181.003.0026.

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Broomhall, Bruce. "National Proceedings (Including Amnesties)." In International Justice and the International Criminal Court. Oxford University Press, 2004. http://dx.doi.org/10.1093/acprof:oso/9780199274246.003.0006.

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Van Schaack, Beth. "National Courts Step Up." In Imagining Justice for Syria, edited by Michael N. Schmitt, Shane R. Reeves, Winston S. Williams, and Sasha Radin. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190055967.003.0007.

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Following the discussion of the options for invoking the International Criminal Court (ICC) or creating a new international institution to address the crimes in Syria, chapter 7 explores the potential for domestic courts to fill this impunity gap. Principles of complementarity, including the incorporation of international crimes into the world’s domestic penal codes, have contributed to the emergence of more empowered and aggressive domestic courts when it comes to the prosecution of grave crimes of international concern. The chapter demonstrates the way in which classic principles of domestic criminal jurisdiction—territoriality, effects, nationality (active and passive), protective, and universal jurisdiction—could all be, and are all being, activated to address the presence of perpetrators and victims found outside the Syrian battlespace. This chapter offers a taxonomy of the criminal cases proceeding to date in domestic courts around the world, some involving the state’s own nationals, some involving perpetrators found within the territorial state, and some proceeding in various ways while the defendant is still in absentia. This chapter offers explanations for the developments afoot within states—and the European Union in particular—that have enabled domestic courts to emerge as the most promising venue for justice. While compiling a number of overarching observations about this collection of cases, the chapter also acknowledges their inherent limitations, in general and when it comes to Syria in particular, as well as sources of resistance to the expansion of these forms of extraterritorial jurisdiction.
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Broomhall, Bruce. "From National to International Responsibility." In International Justice and the International Criminal Court. Oxford University Press, 2004. http://dx.doi.org/10.1093/acprof:oso/9780199274246.003.0003.

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Arnull, Anthony. "Remedies Before National Courts." In Oxford Principles Of European Union Law: The European Union Legal Order: Volume I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199533770.003.0036.

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This chapter is concerned with the decentralized enforcement of European Union law, that is, the way in which national courts uphold the rights it confers on litigants. When the Court of Justice established in Van Gend en Loos that Union law was capable of conferring on litigants rights which the national courts were bound to protect, it had written only the first sentence (albeit a very striking one) of a long and complex story that remains unfinished. For while the Court in Van Gend en Loos had enlisted the help of the national courts in ensuring that Union law was observed, it had not made clear how exactly it expected them to discharge that responsibility. The Union legislature might have attempted to resolve the issue systematically and today there is a significant body of Union legislation dealing with the remedies national courts must provide in discrete areas. However, such legislation was slow to develop and remains piecemeal in nature. This has meant that much of the responsibility for fleshing out the remedial obligations of national courts when seeking to uphold rights granted by Union law has fallen to the Court of Justice.
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"International Court of Justice." In Yearbook of the United Nations. UN, 1997. http://dx.doi.org/10.18356/8b168dbe-en.

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Conference papers on the topic "National Court of Justice"

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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." 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/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Умарова, Мадина Алиевна. "UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.94.35.019.

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В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.
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Griffiths, Lucy J., Joanna McGregor, Theodora Pouliou, et al. "OP18 Mental health disorders amongst children and young people involved in family justice court proceedings: a longitudinal national data linkage study." In Society for Social Medicine Annual Scientific Meeting Abstracts. BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/jech-2021-ssmabstracts.18.

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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC." 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/18316.

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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.
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Drventić, Martina. "COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS." 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/18323.

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While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a “grave risk” to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.
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Ullmann, Klaus, and Hans R. Kautz. "Impact of ISO 9000 Quality Program on Power Generating Industry." In 1993 Joint Power Generation Conference: GT Papers. American Society of Mechanical Engineers, 1993. http://dx.doi.org/10.1115/93-jpgc-gt-8.

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The objective of the ‘Roman Contracts’ concluded in 1957 was to establish a common European market, i.e. a gradual economic (and possibly political) union. This, however, required an increasing understanding that national reservations would have to be abolished and some basic measures implemented. Here European standardization plays an essential part, also with respect to harmonization — a presently very popular term in Europe. Harmonization means adaptation/standardization of the inevitably differing national, technical regulatory guides. The following milestones were decisive and determining for the harmonization of the regulatory guides: • Various decisions of the European Court of Justice1 concerning the limitation of the national reservations; • the new concept for the technical harmonization [1].
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Ruço, Noela. "Justice reform and the Constituitional Court." In University for Business and Technology International Conference. University for Business and Technology, 2017. http://dx.doi.org/10.33107/ubt-ic.2017.217.

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Váradi, Ágnes. "Access to Justice in Constitutional Court Proceedings: Germany." In MultiScience - XXXIII. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2019. http://dx.doi.org/10.26649/musci.2019.108.

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Fellerova Palkovska, Iva. "CHARACTERISTICS OF JUDGMENTS OF THE EU COURT OF JUSTICE." In 3rd Law & Political Science Conference, Lisbon. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.003.002.

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Agustina, Enny. "Legal Protection for Justice Seeker Through State Administrative Court." In Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.20-1-2018.2282072.

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Reports on the topic "National Court of Justice"

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

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Boland, Donald J. National Sovereignty and the International Criminal Court. Defense Technical Information Center, 1999. http://dx.doi.org/10.21236/ada363395.

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S. Abdellatif, Omar, Ali Behbehani, and Mauricio Landin. Luxembourg COVID-19 Governmental Response. UN Compliance Research Group, 2021. http://dx.doi.org/10.52008/lux0501.

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The UN Compliance Research Group is a global organization which specializes in monitoring the work of the United Nations (UN). Through our professional team of academics, scholars, researchers and students we aim to serve as the world's leading independent source of information on members' compliance to UN resolutions and guidelines. Our scope of activity is broad, including assessing the compliance of member states to UN resolutions and plan of actions, adherence to judgments of the International Court of Justice (ICJ), World Health Organization (WHO) guidelines and commitments made at UN pledging conferences. We’re proud to present the international community and global governments with our native research findings on states’ annual compliance with the commitments of the UN and its affiliated agencies. Our goal as world citizens is to foster a global change towards a sustainable future; one which starts with ensuring that the words of delegates are transformed into action and that UN initiatives don’t remain ink on paper. Hence, we offer policy analysis and provide advice on fostering accountability and transparency in UN governance as well as tracing the connection between the UN policy-makers and Non-governmental organizations (NGOs). Yet, we aim to adopt a neutral path and do not engage in advocacy for issues or actions taken by the UN or member states. Acting as such, for the sake of transparency. The UN Compliance Research Group dedicates all its effort to inform the public and scholars about the issues and agenda of the UN and its affiliated agencies.
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Graef, Katherine. The European Court of Human Rights: Implications for United States National Security. Defense Technical Information Center, 2014. http://dx.doi.org/10.21236/ada613370.

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Kokinda, Timothy A. Impact of the International Criminal Court on United States National Security Policy. Defense Technical Information Center, 2003. http://dx.doi.org/10.21236/ada420171.

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Jones, Nicole S., and Gerald LaPorte. 2017 National Institute of Justice Forensic Science Research and Development Symposium. RTI Press, 2017. http://dx.doi.org/10.3768/rtipress.2017.cp.0004.1705.

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The 2017 National Institute of Justice (NIJ) Forensic Science Research and Development (R&amp;D) Symposium is intended to promote collaboration and enhance knowledge transfer of NIJ-funded research. The NIJ Forensic Science R&amp;D Program funds both basic or applied R&amp;D projects that will (1) increase the body of knowledge to guide and inform forensic science policy and practice or (2) result in the production of useful materials, devices, systems, or methods that have the potential for forensic application. The intent of this program is to direct the findings of basic scientific research; research and development in broader scientific fields applicable to forensic science; and ongoing forensic science research toward the development of highly discriminating, accurate, reliable, cost-effective, and rapid methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.
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Jones, Nicole S. 2018 National Institute of Justice Forensic Science Research and Development Symposium. RTI Press, 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0007.1804.

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The 2018 National Institute of Justice (NIJ) Forensic Science Research and Development (R&amp;D) Symposium is intended to promote collaboration and enhance knowledge transfer of NIJ-funded research. The NIJ Forensic Science R&amp;D Program funds both basic or applied R&amp;D projects that will (1) increase the body of knowledge to guide and inform forensic science policy and practice or (2) result in the production of useful materials, devices, systems, or methods that have the potential for forensic application. The intent of this program is to direct the findings of basic scientific research; research and development in broader scientific fields applicable to forensic science; and ongoing forensic science research toward the development of highly discriminating, accurate, reliable, cost-effective, and rapid methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.
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Jones, Nicole S., and Erica Fornaro, eds. 2019 National Institute of Justice Forensic Science Research and Development Symposium. RTI Press, 2019. http://dx.doi.org/10.3768/rtipress.2018.cp.0009.1902.

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The 2019 National Institute of Justice (NIJ) Forensic Science Research and Development (R&amp;D) Symposium is intended to promote collaboration and enhance knowledge transfer of NIJ-funded research. The NIJ Forensic Science R&amp;D Program funds both basic or applied R&amp;D projects that will (1) increase the body of knowledge to guide and inform forensic science policy and practice or (2) result in the production of useful materials, devices, systems, or methods that have the potential for forensic application. The intent of this program is to direct the findings of basic scientific research; research and development in broader scientific fields applicable to forensic science; and ongoing forensic science research toward the development of highly discriminating, accurate, reliable, cost-effective, and rapid methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.
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Jones, Nicole S., and Erica Fornaro, eds. 2020 National Institute of Justice Forensic Science Research and Development Symposium. RTI Press, 2020. http://dx.doi.org/10.3768/rtipress.2020.cp.0012.2003.

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The 2019 National Institute of Justice (NIJ) Forensic Science Research and Development (R&amp;D) Symposium is intended to promote collaboration and enhance knowledge transfer of NIJ-funded research. The NIJ Forensic Science R&amp;D Program funds both basic or applied R&amp;D projects that will (1) increase the body of knowledge to guide and inform forensic science policy and practice or (2) result in the production of useful materials, devices, systems, or methods that have the potential for forensic application. The intent of this program is to direct the findings of basic scientific research; research and development in broader scientific fields applicable to forensic science; and ongoing forensic science research toward the development of highly discriminating, accurate, reliable, cost-effective, and rapid methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.
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Jones, Nicole S., and Erica Fornaro. 2021 National Institute of Justice Forensic Science Research and Development Symposium. RTI Press, 2021. http://dx.doi.org/10.3768/rtipress.2021.cp.0013.2104.

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The 2021 National Institute of Justice (NIJ) Forensic Science Research and Development (R&amp;D) Symposium is intended to promote collaboration and enhance knowledge transfer of NIJ-funded research. The NIJ Forensic Science R&amp;D Program funds both basic or applied R&amp;D projects that will (1) increase the body of knowledge to guide and inform forensic science policy and practice or (2) result in the production of useful materials, devices, systems, or methods that have the potential for forensic application. The intent of this program is to direct the findings of basic scientific research; research and development in broader scientific fields applicable to forensic science; and ongoing forensic science research toward the development of highly discriminating, accurate, reliable, cost-effective, and rapid methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.
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