JournalTOCs

Law and Practice of International Courts and Tribunals
Journal Prestige (SJR): 0.28

Number of Followers: 21

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1569-1853 - ISSN (Online) 1571-8034
Published by Brill Academic Publishers

[229 journals]

Note by the Editor-in-Chief and Managing Editor
- Authors: Pierre Bodeau-Livinec; Chiara Giorgetti
  First page: 287
  Abstract: Source: Volume 17, Issue 2, pp 287 - 288
  PubDate: 2018-08-17T00:00:00Z
through the Back Door' The Judgment by the European Court of Human
Rights in in Perspective
- Authors: Geir Ulfstein; Andreas Zimmermann
  First page: 289
  Abstract: Source: Volume 17, Issue 2, pp 289 - 308In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights dismissed more than 12,000 applications due to the fact that they were not only repetitive in nature, but also mutatis mutandis identical to applications covered by a previous pilot judgment rendered against Ukraine. This raises fundamental issues as to the role of the Court within the human rights protection system established by the European Convention on Human Rights, as well as those concerning the interrelationship between the Court and the Committee of Ministers.
  PubDate: 2018-08-17T00:00:00Z
Prospects for the Future Use of Special Chambers after the
- Authors: Millicent McCreath; Zoe Scanlon
  First page: 309
  Abstract: Source: Volume 17, Issue 2, pp 309 - 334The maritime boundary delimitation decision in the Ghana/Côte d’Ivoire Case is remarkable as the first decision of an ad hoc chamber of the International Tribunal for the Law of the Sea (ITLOS). This article evaluates the advantages of this critically under-examined dispute settlement mechanism, its operation in this case and the consequent prospects for the future use of such chambers. To date, the ad hoc chambers of both ITLOS and the International Court of Justice (ICJ) have rarely been used. Examining their respective procedures, legal frameworks, and performance, this article evaluates the comparative advantages and disadvantages of ITLOS ad hoc chambers vis-à-vis both ad hoc arbitration and the full bench of ITLOS. Although limited conclusions on the prospects for the mechanism’s future use can be drawn from this single decision, in light of the broadly positive outcome, prospective parties may be drawn to the possibilities and potential advantages of the ITLOS ad hoc chamber mechanism in the future.
  PubDate: 2018-08-17T00:00:00Z
Uniting for Enforcement: Resolving the World Court’s Enforcement Gap
- Authors: Yateesh Begoore
  First page: 335
  Abstract: Source: Volume 17, Issue 2, pp 335 - 349This article, which identifies the United Nations Security Council’s selective enforcement of the International Court of Justice’s rulings as an enforcement deficit within the Court’s system, delves into the possibility – and legality – of utilising the Uniting for Peace Resolution as an alternative enforcement mechanism in the event of a veto precluding enforcement by the Security Council.
  PubDate: 2018-08-17T00:00:00Z
: What Happens When a Problem of State Succession Occurs during
Arbitration Proceedings'
- Authors: Patrick Dumberry
  First page: 350
  Abstract: Source: Volume 17, Issue 2, pp 350 - 373This article examines the question of State succession to bilateral investment treaties (BITs) in the unique context whereby the events leading to this change in sovereignty happen during an arbitration proceeding. I will assess the impact this will have on the respondent State in the proceedings which may cease to exist (dissolution, unification, and integration) or lose part of its territory (cession, secession). Succession may also affect the home State of the claimant investor and result in that person losing its nationality and acquiring a new one. An arbitral tribunal should continue to have jurisdiction over a dispute whenever a claimant involuntarily changes its nationality in such context. While the same conclusion should apply when changes affect the respondent State, major difficulties will arise if that State ceases to exist and no other State is willing to participate in the proceedings. I will examine the limits of tribunals’ powers in this respect.
  PubDate: 2018-08-17T00:00:00Z
Counterclaims in Investment Arbitration: Old Questions, New Answers'
- Authors: Arnaud de Nanteuil
  First page: 374
  Abstract: Source: Volume 17, Issue 2, pp 374 - 392There have been several cases involving counterclaims in recent investment arbitration practice. Though counterclaims are well-known in international litigation, they raise special issues when it comes to investor-State arbitration, especially when it is based on treaties that recognize only rights and not obligations of private parties; thus, a counterclaim may be a way of rebalancing investment law, by allowing States to file claims against investors. However, certain conditions must be fulfilled which are not always easy to combine with the special features of investment arbitration. That is what this article explores, in order to determine whether counterclaims could be a way of addressing the critique that has been recently formulated against investment arbitration.
  PubDate: 2018-08-17T00:00:00Z
The Long Walk to Strasbourg: About the Insufficient Judicial Protection in
Some Areas of the Common Foreign and Security Policy before the European
Union’s Accession to the
- Authors: José M. Cortés-Martín
  First page: 393
  Abstract: Source: Volume 17, Issue 2, pp 393 - 414It is likely that the European Court of Justice’s (ECJ) objection in Opinion 2/13 regarding the absence of judicial remedies in certain Common Foreign and Security Policy (CFSP) areas can hardly be accommodated in a future revised Accession Project to the European Convention on Human Rights (ECHR). This is basically due to obstacles to proceeding with reform of the EU Treaties or establishing an ECHR reservation clause. However, as a matter of fact, the exact dimension of this problem seems to be quite relative. First of all, this is because recent ECJ case-law is gradually eroding the Court’s lack of competence, in particular, after Rosneft. Next, this is because, in those cases where there is still an absence of effective judicial protection, national courts – as EU ordinary courts – could fill this gap. Finally, this gap could also be filled by creating accountability mechanisms in the area of human rights within the framework of Common Security and Defence Policy (CSDP) missions.
  PubDate: 2018-08-17T00:00:00Z