International judicial institutions

 

Malgosia Fitzmaurice and Dan Sarooshi (eds.), Issues of State Responsibility before International Judicial Institutions
Stephan Wittich
Austrian Review of International and European Law
Volume 12, 2007 p.457

Mind the gap: Public power, accountability and the Northern Territory emergency response
Peter Billings
Australian Journal of Administrative law
Volume 17, Number 3, May 2010 p.132

This article identifies and critically examines the operation of public power in relation to the Commonwealth’s emergency, race-based response to complex problems in regional and remote communities in the Northern Territory (the so-called “intervention” ). It considers institutions and processes concerned with the scrutiny, review and monitoring of the Commonwealth’s intervention. A summary of the emergency response is presented alongside an analysis of how normal political processes were abridged as the emergency legislation was sped into law and how power was concentrated within the executive branch. The outcomes of administrative and judicial review processes, and the reports of institutions monitoring the intervention’s effectiveness and compliance with international human rights norms are examined. Finally, the article assesses the influence of assorted accountability mechanisms upon the behaviour of the government vis-à -vis policy, law reform and administration in the period since the intervention commenced.

Holding International institutions Accountable: The Complementary Role of Non-Judicial Oversight Mechanisms and Judicial Review
Erika de Wet
German Law Journal
Volume 9, Number 11, November 2008 p.1987-2012

Fitzmaurice, Malgosia and Sarooshi, Dan (eds): Issues of State Responsibility Before International Judicial Institutions
British Year Book of International Law
Volume 76, 2005 p.540

Ending Impunity Through International Judicial Institutions
Claudia Angermaier
Criminal Law Forum
Volume 17, Number 2, June 2006 p.229-233

M. FITZMAURICE, D. SAROOSHI (eds.), Issues of State Responsibility before International Judicial Institutions
WLADYSLAW CZAPLINSKI
Polish Yearbook of International Law
Volume 27, 2004-2005 p.239

Deontological retributivism and the legal practice of international jurisprudence: the case of the International Criminal Tribunal for Rwanda
FINK, JASON BENJAMIN
Journal of African Law
Volume 49, Number 2, October 2005 p.101-131

Contemporary international criminal jurisprudence has fashioned a legal paradigm encoding the crime of genocide as a violation of moral law. Structured by an ethos of deontological retributivism, it has posited a set of institutional and conceptual mechanisms designed to situate and stabilize the meaning of genocide. The articulation of this paradigm has entailed the bracketing or suspending of alternative discursive strategies and institutions, particularly those inscribed with a traditional; contextual value. Configuring the social fact of genocide under a normative framework of retribution often fails to address the realities and needs of the local populations who have suffered through severe social trauma. In the intensely unstable space of post-genocidal societies, such as Rwanda, the mandating of formal legal structures by international judicial authorities may constitute a genuine barrier to the critical appropriation of the fact of genocide into the communal memory by imposing a set of privileged frameworks without recognizing the formal integrity and constructive potential of local strategies.

Malgosia Fitzmaurice/Dan Sarooshi (eds.): Issues of State Responsibility before International Judicial Institutions
Tams
German Yearbook of International Law
Volume 47, 2004 p.976

The Rule of law and Judicial Remedies in the European Union
Francis G. Jacobs
Hibernian Law Journal
Volume 3, Number 1, 2002 p.1

In its simplest terms, the notion of the Rule of law can be expressed in the formula that all power is subject to the law. This applies to all power (whether exercised by the State, by municipal authorities within the State, by transnational bodies transcending States, including the European Community or the European Union, and all its institutions and bodies, and also international organisations). All power, whatever its source, must be lawfully conferred and lawfully exercised; and control over that can only be ensured by an independent judiciary.

Interim Measures: A Comparative Study of Selected International Judicial Institutions
Nsongurua J. Udombana
Indian Journal of International Law
Volume 43, Number 3, July-September 2003 p.479

Three Models of Judicial Institutions in International Organizations : The European Union, the United Nations, and the World Trade Organization
Jeffery Michael Smith
Tulsa Journal of Comparative & International Law
Volume 10, Number 1, Fall 2002 p.115

Author: international

Mentioned in these Entries

Administrative law, Efficacy of international law. Bibliograpy, International Criminal Tribunal for Rwanda, International Organizations, International institutions Part 7, International institutions Part 8, International institutions, International institutions3, List of international public law topics, Rule of law.