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9 results

  • 6 - Procedural Rules on Dispute Settlement
  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book: The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
  • Published online: 02 February 2023
  • Print publication: 09 February 2023, pp 195-246
  • View extract

    Summary

    The procedural rules on dispute settlement are primarily contained in Part XV UNCLOS. These rules set out the conditions for UNCLOS tribunals to establish and exercise their compulsory jurisdiction hear contentious disputes. In addition to disputes between States, UNCLOS also grants the Seabed Disputes Chamber advisory jurisdiction pursuant to Article 191 UNCLOS. ITLOS as a full tribunal, however, has also found that it may exercise advisory jurisdiction despite the absence of an explicit provision to that effect under UNCLOS and the ITLOS Statute. This Chapter critically examines UNCLOS tribunals’ decisions relating the conditions for the establishment of compulsory jurisdiction in contentious proceedings under Part XV and the establishment of advisory jurisdiction of both the SDC and ITLOS as a full tribunal, in order to determine the extent to which UNCLOS tribunals have clarified the procedural law under the Convention.

  • 5 - Proof Rules of Causation
  • Claudio Lombardi
  • Book: Causation in Competition Law Damages Actions
  • Published online: 03 December 2019
  • Print publication: 02 January 2020, pp 106-140
  • View extract

    Summary

    Causation, as any other element of an actionable tort, has to be proven in the proceedings. As pointed out in Chapter 1, the causal link is not a fact; it is indeed a connection between two known facts, also defined as 'an empirical relation between concrete conditions'. It follows that it is not subject to the same burden of proof as any other evidence submitted to the court. The causal link needs a demonstration through logic, statistics and common sense, which is supported by general scientific theories and, simultaneously, by specific justification of the singular causation. Proof of singular causation therefore needs (1) scientific validity of causal generalizations that control the condition and (2) complete instantiation of the empirical relation.

  • Humanitarian Intervention and the Clean Hands Doctrine in International Law
  • Ori Pomson, Yonatan Horowitz
  • Journal: Israel Law Review / Volume 48 / Issue 2 / July 2015
  • Published online by Cambridge University Press: 11 June 2015, pp. 219-251
  • Print publication: July 2015
  • View abstract

    A serious issue that has confronted the international community is the legality of humanitarian intervention. Although the majority of scholars reject the existence of a doctrine of humanitarian intervention, could the attacked state invoke the responsibility of an intervening state before an international tribunal? This article attempts to answer this question in light of the often misunderstood clean hands doctrine in international law. It first concludes that under the lex lata, humanitarian intervention is prohibited under international law. This raises the question whether the clean hands doctrine may nevertheless preclude a court or tribunal from adjudicating in favour of a state that has been subject to humanitarian intervention. Although the clean hands doctrine exists under international law in various manifestations, its applicability in cases concerning humanitarian intervention is lacking. The article finally considers whether the jus cogens status of the prohibition of the use of force would prevent the applicability of the clean hands doctrine to humanitarian intervention cases were the clean hands doctrine to evolve into a customary international legal norm.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP*
  • David Turns, Carnero Rojo, Julieta Solano McCausland, Aleks Bojovic
  • Journal: Yearbook of International Humanitarian Law / Volume 12 / December 2009
  • Published online by Cambridge University Press: 02 November 2010, pp. 233-262
  • Print publication: December 2009
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP
  • Amna Guellali, Enrique Carnero Rojo
  • Journal: Yearbook of International Humanitarian Law / Volume 11 / December 2008
  • Published online by Cambridge University Press: 02 February 2010, pp. 255-372
  • Print publication: December 2008
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP
  • Amna Guellai, Enrique Carnero Rojo
  • Journal: Yearbook of International Humanitarian Law / Volume 10 / December 2007
  • Published online by Cambridge University Press: 03 February 2009, pp. 133-197
  • Print publication: December 2007
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP
  • Enrique Carnero Rojo, Maria Nybondas
  • Journal: Yearbook of International Humanitarian Law / Volume 9 / December 2006
  • Published online by Cambridge University Press: 18 November 2008, pp. 311-361
  • Print publication: December 2006
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP
  • Rod Rastan, Maria Nybondas
  • Journal: Yearbook of International Humanitarian Law / Volume 8 / December 2005
  • Published online by Cambridge University Press: 19 October 2007, pp. 265-295
  • Print publication: December 2005
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

  • INTERNATIONAL CRIMINAL COURTS ROUND-UP
  • Olivia Swaak-Goldman, Maria Nybondas
  • Journal: Yearbook of International Humanitarian Law / Volume 7 / December 2004
  • Published online by Cambridge University Press: 31 January 2007, pp. 324-351
  • Print publication: December 2004
  • View abstract

    The International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.