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Jurisdiction of International Tribunals


ISBN13: 9789041118387
ISBN: 9041118381
Published: July 2004
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £200.00



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This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged.

Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are:-

  • the Permanent Court of International Justice and the International Court of Justice;
  • the ICSID arbitration tribunals;
  • the administrative tribunals covering disputes between international organizations and their employees;
  • the European Court of Human Rights and the European Court of Justice.
The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work should be of interest to practitioners involved in the current practice of these courts and tribunals in 2002 as well as academics studying the more general principles.

Subjects:
Public International Law
Contents:
Table of Cases.
Abbreviations.
Part I: Introductory.
Chapter 1. International Adjudicatory Dispute Settlement -- Nature and Development.
Part II: General Principles.
Chapter 2. Meaning of Jurisdiction in International Juridical Usage.
Chapter 3. Consent as the Basis of Jurisdiction of International Tribunals.
Chapter 4. Interpretation of Clauses Submitting to Jurisdiction.
Chapter 5. La Competence de la Competence.
Chapter 6. Competence -- The Constitution of the Tribunal.
Chapter 7. Competence to Settle Disputes.
Chapter 8. Admissibility.
Chapter 9. Incidental Jurisdiction.
Chapter 10. Jurisdiction vis-a vis Remedies.
Chapter 11. Jurisdiction to Reopen Cases.
Chapter 12. Advisory Jurisdiction.
Part III: Specific Tribunals.
Chapter 13. The Permanent of International Justice and the International Court of Justice.
Chapter 14. Arbitral Tribunals of the International Centre of Settlement of Investment Disputes.
Chapter 15. International Administrative Tribunals.
Chapter 16. The European Commission and Court of Human Rights.
Chapter 17. The Court of Justice of the European Communities.
Index.