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Resisting Domestic Courts’ Universal Jurisdiction over International Crimes : Comparative Notes on China and Italy
Vecellio Segate, Riccardo - 2023
(and practice thereto) are concerned. As for China, the overarching reason why it refrains from exercising UJ over … consent in IR. To exemplify, China objected to the inclusion of war crimes in NIACs within the scope of mentioned Statute …. Mirroring its stance vis-à-vis the ICC, China is wary of deferring to UJ even at the domestic level. China’s reluctance to …
Persistent link: https://www.econbiz.de/10014265106
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The Legitimacy of the Court of Justice of the European Union
Pollack, Mark A. - 2017
This paper examines both scholarly debates and empirical evidence about the normative and sociological legitimacy of one of the oldest, busiest and most powerful international courts in the world: the Court of Justice of the European Union (CJEU). With respect to normative legitimacy, the paper...
Persistent link: https://www.econbiz.de/10012963800
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An Ever-Changing Scope? The Expansive Boundaries of EU Public Procurement Rules, Extraterritoriality and the Court of Justice
Sanchez-Graells, Albert - 2017
This paper looks at how the EU public procurement rules have shown a tendency to permanently expand their scope of application, both within and outside the EU. Inside the EU, the expansion has primarily resulted from blurred coverage boundaries and a creeping application outside their explicit...
Persistent link: https://www.econbiz.de/10012952346
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30 Years of Direct Tax Litigation before the Court of Justice of the European Union : An Empirical Survey
Schaper, Marcel GH - 2019
This article presents an empirical survey of ECJ case law in the field of direct taxes from 1983 through 2013. This systematic retrospective uses aggregated metadata about all 267 cases which have been referred to the ECJ over that 30-year period
Persistent link: https://www.econbiz.de/10012903152
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Reforming the Immigration Courts of the United States : Why is There No Will to Make It an Article I Court?
Birdsong, Leonard - 2014
This article strongly reaffirms the author's support for the use of asylum as a way of providing justice for those fleeing persecution from other countries. Additionally, this article was written to help educate those interested in asylum law by providing some history and background on asylum....
Persistent link: https://www.econbiz.de/10013045221
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Proactive Complementarity : The International Criminal Court and National Courts in the Rome System of Justice
Burke-White, William W. - 2014
When the International Criminal Court (ICC) was established in 2002, States, NGOs, and the international community had extraordinarily high expectations that the Court could bring an end to impunity and provide broad-based accountability for international crimes. Nearly five years later, those...
Persistent link: https://www.econbiz.de/10012751988
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Thinking justice otside the docket : a critical assessment of the reform of the EU's court system
Alemanno, Alberto; Pech, Laurent - 2017
The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It doubles the number of General Court judges but also dissolves the Civil Service Tribunal. This article...
Persistent link: https://www.econbiz.de/10011741593
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An Econometric Analysis of the Influence of the Advocate General on the Court of Justice of the European Union
Arrebola, Carlos; Mauricio, Ana Julia; Jiménez … - 2016
This article contributes to a more comprehensive understanding of the role of the Advocate General in the makeup of the Court of Justice of the European Union. The article measures the influence of the Advocate General on the judgments of the Court of Justice through an econometric study using a...
Persistent link: https://www.econbiz.de/10014130433
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Access to Court V. State Immunity
Voyiakis, Emmanuel - 2006
The article discusses the relation between the right of access to court under Article 6(1) of the ECHR and the law of State immunity, in the light of the judgments of the European Court of Human Rights in Al-Adsani v UK, Fogarty v UK and McElhinney v Ireland. First, it considers the...
Persistent link: https://www.econbiz.de/10014059881