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Michał Rynkowski

Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

Series:

Loukis Loucaides

This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.

Edited by Christian D. de Fouloy

The European Strasbourg Register offers the reader a complete survey of all Strasbourg-based organizations with a European dimension. Strasbourg is not presented as a competitive site to Brussels, but rather as a city with a distinct focus and definite role to play in the construction of Europe. The geostrategic location of Strasbourg is of paramount importance in bridging Northern and Southern Europe, as well as in linking West and East. The presence in Strasbourg of such institutions as the European Parliament, the Council of Europe and the European Court of Human Rights, coupled with the outstanding education and research facilities the city offers, accounts for Strasbourg's popularity among the international business and academic community.
Part One of The European Strasbourg Register contains in-depth articles by a number of leading personalities; Part Two provides a comprehensive, practical and highly detailed review of Strasbourg-based organizations with a European dimension, including intergovernmental organizations, such as the European Parliament, as well as non-governmental organizations, education and training institutions, trans-border cooperation associations, permanent foreign representatives and accredited press agencies. Thus this volume constitutes a unique and indispensable tool for diplomats, journalists, lawyers, national and international civil servants, businessmen, lobbyists, researchers and all those interested in European institutions and public affairs.

Ellen Hey

International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law.
Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider these problems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law.
This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests.
The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, inter alia, viable means for resolving environmental disputes that may arise are to be identified.

Edited by Laurence Boisson de Chazournes, Cesare Romano and Ruth Mackenzie

This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies.



Published under the Transnational Publishers imprint.

Edited by ASIL/NVIR

Contemporary International Law Issues: Opportunities at a Time of Momentous Change is the record of the Second Joint Conference of The American Society of International Law and the Nederlandse Vereniging voor Internationaal Recht, which was held in The Hague, on July 22--24, 1993. At this event international scholars, practitioners and experts gathered to discuss the latest developments in such areas as trade and investment, the environment, human rights, law of the sea, settlement of disputes, international criminal law, NAFTA, the European Community, and commercial arbitration with particular reference to Central and Eastern Europe. The content of these Proceedings bears evidence of the wide range of dialogue that occurred during the Joint Conference and directs the reader to issues which might form suitable subjects for further research and elaboration in other scholarly work. The book will be of interest to academics and diplomats, as well as legal practitioners.

Essential Rules of Behaviour for Police in Armed Conflict, Disturbance and Tension

Legal Framework, International Cases and Instruments

Series:

Ralph Crawshaw and Leif Holmström

The primary focus of this book is the laws of war, also referred to as the international law of armed conflict and international humanitarian law. There are two aspects to the laws of war, jus ad bellum, the rules governing resort to armed conflict, and jus in bello, the rules governing the conduct of armed conflict. The purpose of the book is to inform police officials about the latter. It is also written for other State officials, including the military, who may carry out police operations, educators and trainers of police and those who monitor or investigate police or otherwise seek to hold them accountable.
In addition to considering rules of behaviour in actual armed conflict, the book focuses on police conduct in those forms of conflict that fall below the armed conflict threshold, that is to say situations of internal disturbance and tension. Whilst the laws of war are not legally applicable in such situations, it is argued here that some of its principles and provisions should form an important element in the strategy and tactics of policing civil disturbances, especially when they are serious in terms of scale or intensity of violence.

The Significance of Borders

Why Representative Government and the Rule of Law Require Nation States

Thierry Baudet

For the Online Edition, please go to: : click here.

For almost three-quarters of a century, the countries of Western Europe have abandoned national sovereignty as an ideal. Nation states are being dismantled: by supranationalism from above, by multiculturalism from below. This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.

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Edited by Karel Wellens

In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a fascinating, thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.

Series:

Edited by Chiara Giorgetti

International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant.

The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.