Domestic courts
Domestic courts in investor-state arbitration : partners, suspects, competitors
... to domestic judicial decisions because of particular pronouncements on points of law or fact that are relevant to their ...that domestic courts are deemed to possess in relation to questions of ...
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Explaining the Use of Preliminary References by Domestic Courts in EU Member States: A Mixed-Method Comparative Analysis
... those courts or bad faith. In some cases, courts and the parties before them prefer closure of the case over the certainty that an issue of European law is correctly ...12 Domestic courts may ...
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672 DUKE LAW JOURNAL [Vol. 62:671 produces narrow and shallow decisions. This judicial strategy would give states, including their domestic courts, the opportunity to determine for themselves whether a break with international custom is the beginning of a new legal rule. ABLE OF CONTENTS
... international courts may be called upon to adjudicate a break with CIL before other states have had the opportunity to decide for themselves whether to follow the ...international courts will invalidate ...
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Constitutionalising children's rights and domestic courts of member states of the Council of Europe
... in domestic courts across the CoE, has served to illuminate the challenges and ...the domestic legal order, and whether a particular State has embedded children’s rights in its legal or ...
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An Issue of Invocability of Provisions of the WTO Covered Agreements Before Domestic Courts
... before domestic courts may be a good starting point to the DSB system because it will help to reduce the burden of certain types of cases on the international ...
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The Role of Experts in Proving International Human Rights Law in Domestic Courts: A Commentary
... Neither the Federal Rules of Evidence nor the Federal Rules of Civil Procedure make reference to methods or requirements for pleading or proving customary internati[r] ...
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TO ADJUDICATE AND ENFORCE SOCIO-ECONOMIC RIGHTS: SOUTH AFRICA PROVES THAT DOMESTIC COURTS ARE A VIABLE OPTION
... The Constitutional Court has yet to issue a decision that grants a remedy retaining supervisory jurisdiction for a violation of a socio-economic right, but it has affirmed that the option is available to the ...
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Enforcement of International Human Rights by Domestic Courts in the United States
... Courts have not shown much enthusiasm in directly applying international human rights law by regarding a particular treaty self-executing when the decision to dete[r] ...
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Annotation on Boyadzhieva and Gloria International Limited Eood v. Bulgaria (no. 41299/09), ECHR (5 July 2018), JOR 2019/64, pp. 778-790.
... the domestic courts, the payments at issue had not reduced the insolvency estate or damaged the in- terests of the bankruptcy ...the domestic proceedings or in the pro- ceedings before it was it ...
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Art. 1 Protocol 1 EVRM. Terugvordering ten onrechte uitgekeerde arbeidsongeschiktheidsuitkering. Inmenging in eigendomsrecht. Fout van de overheid. Good governance. Geen rekening gehouden met de situatie van klaagster. Excessieve en individuele last. Schending eigendomsrecht
... the domestic courts made a finding to the effect that the payments had taken place without a legal basis and ordered the applicant to refund the respective amounts as unjust enrichment (see paragraph 27 ...
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Legaliteitsbeginsel. lnvoeren strafbepaling voortdurend misdrijf Ievert i.e. een verboden terugwerkende kracht op voor gedragingen gepleegd voorafgaand aan inwerkingtreding.
... As already mentioned above, on the ba- sis of the reasoning of the domestic courts, and in particular that of the Supreme Court in its judgment of 21 February 2008, it can[r] ...
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Universal Jurisdiction, the Alien Tort Statute, and Transnational Public-Law Litigation After Kiobel
... federal courts to imply a right of action under domestic law); Casto, Protective Jurisdiction, supra note 110, at 475 (“There is serious doubt ...by domestic law, creates a tort remedy that may be ...
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Courts, Tribunals, and Legal Unification - The Agency Problem
... The available choices include domestic courts (which in the United States entails a further choice between federal and state courts), private arbitration, ad hoc arbitration[r] ...
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Saving EU Criminal Justice: Proposal for EU wide supervision of the rule of law and fundamental rights CEPS Paper in Liberty and Security in Europe No 2018 01, April 2018
... national courts have indeed refused to comply with mutual recognition-based EU laws as implemented in their jurisdictions, and instead of blindly trusting the requesting state, they have demanded assurances that ...
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One More Battleground: Domestic Violence, Child Custody, and the Batterers’ Relentless Pursuit of their Victims Through the Courts
... However, courts are capable of recognizing the behaviors that abusers might exhibit, and they are capable of trying to determine whether the underlying cause of the abuser’s actions is legitimate or ...
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Mapping the Overlapping Spheres: European Constitutionalism after the Treaty of Lisbon
... teleological reasoning that draws not so much on the letter but the spirit of the Treaty of Rome (1957). The ECJ decided in 1962 that EU law is directly effective within national jurisdictions, imposing obligations not ...
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How do county courts share the care of children between parents? : executive summary
... In many cases there were cogent reasons why overnight contact was not possible. Clear reasons for this lack of progression related to a lack of suitable accommodation, child safety concerns, children’s wishes or a need ...
16
Child Witnesses and the Confrontation Clause
... lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to ...evidence. Courts should hold that defendants have forfeited ...
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Private Law Remedies for Extraterritorial Human Rights Violations
... Prior to Sosa, it was not determined whether the ATS itself created a new inde- pendent cause of action under U.S. law, in addition to permitting claims under utero tuo ut alienum non laedes. See Bassett v. Company, 43 ...
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Reviving the emperor’s old clothes : the good governance agenda, development and international investment law
... complex domestic landscape which posits the state as an interlocutor between a myriad of local and foreign private actors within an intricate web of transnational and national commercial arrangements, new ...
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