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Author: Louise Symons

International Criminal Law Review 3: 369–404, 2003. © 2003 Koninklijke Brill NV. Printed in the Netherlands. 369 The inherent powers of the ICTY and ICTR LOUISE SYMONS On 13 November 2001, Dragan Kolundzija was convicted of a crime against humanity by the ICTY. He had entered a guilty plea, and

In: International Criminal Law Review
Author: Tobia Cantelmo

opinion of Professor Abi-Saab in that case; the subsequent decision on jurisdiction and liability in Perenco ; and the award in TANESCO . Part 3 focuses on the doctrine of inherent powers, analysing its scope and legal source, both in international adjudication and in investment arbitration. Part 4

In: The Journal of World Investment & Trade
Author: Marco Dimetto

rule. Such an alternative will turn out to be hardly tenable (Part 5). Secondly, the Court could resort to its inherent powers directly or by amending the ICJ Rules (Part 6). While the former alternative does not seem to be available, the latter may be an optimal solution. Brief conclusions will

In: The Law & Practice of International Courts and Tribunals

or the law of the place of arbitration; and finally inherent powers. Second, particularly when the applicable legal standard is vague, this conferral includes quite broad authority to define and develop the applicable law. 7 Jan Paulsson has referred to norms that defy resolution by abstraction. 8

In: The Law & Practice of International Courts and Tribunals

is considered a condition for a process’s meaningful existence (an unfair trial is a trial only in name). At the very least, the inherent powers should equip a court against the risk that procedure itself (or the lack of procedural rules) hinders its mandate to ensure the process’s fairness. 77 At

In: The Law & Practice of International Courts and Tribunals

of the inherent powers and duties of arbitrators has come from the latter stakeholders, which has currently led to a great deal of discussion. 56 Professor Andrea Bjorklund thoroughly describes in this Special Issue this discussion among scholars and international courts, and she goes on to classify

In: The Law & Practice of International Courts and Tribunals
In: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014

to support the legality of this, particularly with regard to the implied and inherent powers and the wide competence granted by the un Charter to the Security Council and General Assembly. Furthermore, such use of pmsc s is in keeping with the principles of peacekeeping. The paper also addresses

In: Journal of International Humanitarian Legal Studies
Author: Anna Oriolo

Prosecutor v. Uhuru Muigai Kenyatta . In a Decision on the Defence Application concerning professional ethics applicable to prosecution lawyers, the Trail Chamber clarifies that ‘these broadly framed provisions may be seen as a codification of the concept of “inherent powers” which provide courts with

In: International Criminal Law Review
In: The Rome Statute for the International Criminal Court