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Dai Tamada

, as an absolute power, cannot be subject to any limitation. 18 Consequently, they denied the possibility of an excess of power. On the other hand, others have argued that the competence-competence principle is subject to certain limits 19 and, consequently, possibilities of excess of power remain

Pavel Šturma

things in a determined relationship with it, only those rights which fall within the limits of the subject matter of the clause (Article 9). Examples of such “determined relationship” are given by the commentary, namely “nationality or citizenship of persons, place of registry of vessels, State of

August Reinisch

first and the second of which will form the subject-matter of the following considerations. As remarked by the ILC Special Rapporteur, Professor Gaja, there is in principle no reason not to assume that international organizations may become internationally responsible for wrongful acts of States or

International Organizations and Dispute Settlement

A New Topic for the International Law Commission?

August Reinisch

organizations are parties’ provides a genuine window of opportunity to address problems that deal with issues that are peculiar to international organizations and not ‘derivative’ and ‘parallel’ to problems involving states. While states are clearly subject to the general duty of peaceful settlement of disputes

Jean d'Aspremont and Frédéric Dopagne

in the international legal order and may accordingly be subjected to the rules of the United Nations. It must be emphasized that these international constitutionalist discourses are very diverse and are driven by very different motives. We would be guilty of overgeneralization if we were to put them

Philippe Sands, Ruth Mackenzie and Campbell McLachlan

international judges; and whether, in principle, international judges should be subject to standards of independence and impartiality analogous to those applicable to national judges. The general conclusion of the symposium was that it would be possible to discern from existing rules and practices of

Giorgio Gaja

a party proposing such a revocation or modification shall specify the change in the situation considered to be relevant. Before taking any decision under paragraph 1 of this Article the Court shall afford the parties an opportunity of presenting their observations on the subject. The phrase

Dominic Raab and Hans Bevers

a given time. It is not suggested that there is a trite formula that can be applied. Rather, the doctrine – itself subject to various interpretations – allows for considerable ÁH[LELOLW\ DV UHJDUGV WKH EDODQFH WR EH VWUXFN DQG WKH PDQQHU LQ ZKLFK LW PD\ be achieved. Furthermore, the malleability of

Jean-Pierre Cot

Trade Organization are yet another story. Yet each of these courts and tribunals, taken separately, has its own structure and unity. The bench has a common status. Judges have the same remuneration within each institution, often the same deontological code and are subject to the same set of rights and

Luciano Donadio and Carlos Espósito

del Pro- tocolo de Olivos”, passed by the Council of the Common Market, which requires: a) that the advisory opinion is requested by the highest courts with national jurisdiction in member states regarding cases which are still subject to proceedings in the domestic judicial system; and b) that it