The practice at the different international criminal tribunals has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called “General Part” of the substantive criminal law, like forms of participation,
actus reus and
mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICC’s Rules of Procedure and Evidence are still in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The
International Criminal Law Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.
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The Journal of World Investment & Trade (JWIT) is a double-blind peer-reviewed journal that focuses on the legal aspects of foreign investment relations in a broad sense. This encompasses the law of bilateral, multilateral, regional and sectoral investment treaties, investor-State dispute settlement, and domestic law relating to foreign investment, but also relevant trade law aspects, such as services, public procurement, trade-related investment measures, and intellectual property, both under the WTO framework and preferential trade agreements. In addition, the Journal aims to embed foreign investment law in its broader context, including its interactions with international and domestic law, both private and public, including general public international law, international commercial law and arbitration, international environmental law, human rights, sustainable development, as well as domestic constitutional and administrative law.
The Journal is institutionally independent and ideologically neutral. It is not attached to specific national jurisdictions, but has a global outreach. It covers both the mainstream of foreign investment law and investment law’s frontiers. It offers a place for the publication of scholarly studies dealing with fundamental and systematic problems of foreign investment relations and their solutions, but also welcomes analyses of current topics, such as international and domestic policy trends, relevant case law, and country- or industry-specific case studies, including in the natural resources and energy sectors. It is open to doctrinal analysis as well as theoretical, conceptual, and interdisciplinary approaches, including law and economics analysis, empirical analysis, historical analysis, political science analysis, or normative analysis. It aims to address scholars, government officials, members of international and non-governmental organizations, and legal practitioners in both capital-exporting and capital-importing countries.
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Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Justice, I first show how what I call an international procedural law of fair trial has been developed and requires that basic due process guarantees must be accorded wen delivering international administrative justice. I then develop fair trial standards with greater nuance, especially focusing on the quality of independence and impartiality. Then, the paper engages in a detailed analysis of the leading international administrative tribunals in terms of compliance with fair trial standards, concluding that significant deficits exist. If a fair trial for international civil servants is to be guaranteed, significant structural reforms are necessary.
DON W. CHENOWETH (Lawton, Okla., U.S.A.) Soviet Civil ProceduralLaw: The RSFSR Code Since the Reform of 1964 The legal reforms of the period since Stalin have affected nearly every branch of Soviet law. One of the earlier and more central parts of the legal reform process was the reform of
Convention, procedurallaw, proper notice, public policy, Russia, UNCITRAL Model Law 1. Introduction In the modern world of international commerce, it is very important to have a tool for resolving potential disputes between contractual parties. Obviously, one possible tool is the judicial system of a
this to apply it is necessary, however, that the money lent has been spent. Keywords Teaching of the Digest, antecessor, Stephanus, Basilica, Byzantine law, procedurallaw, condictio de bene depensis , condictio ex mutuo , equity 1. – Introduction Stephanus was one of the antecessors, the professors