Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective

Copyright

Contents

Foreword

List of Contributors

Part 1: The Growing Role of International Courts and Jurisdictions: The Permanent Court of International Justice, the International Court of Justice, and Beyond

1: Introduction

2: From Absence to Abundance: Tracing the Development and Impact of International Courts

3: The Cases Where the International Court of Justice Lacked Jurisdiction: A Brief Analysis and Commentary

4: Energy at Sea and the Jurisprudence of the International Court of Justice

Part 2: International Inspection and Control Mechanisms

5: An Overview of the International Inspection and Control Mechanisms

6: The UEFA Financial Control Body

Part 3: European and Other Regional Courts of Human Rights

7: Introduction

8: The European Court of Human Rights as the European Constitutional Court

9: The African Court on Human and People’s Rights and its Position in the International and African Judicial Architectures

10: Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges

11: The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court

12: Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights

13: The International Criminal Court and Human Rights: Achievements and Challenges

14: Brazil and the Inter-American System for the Protection of Human Rights: Conventionality Control on the Criminal Lawsuit no. 470

Part 4: Dispute Resolution Mechanisms Concerning International Trade and Investment, in Particular within the WTO and ICSID

15: Investor-State Dispute Settlement in the European Perspective: Recent Developments

16: Dispute Resolution under the Energy Charter Treaty

17: Understanding the Interaction between the WTO Regime and International Investment Regime: Reversing the Approach

18: Legal Certainty during eu Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect?

19: Dispute Resolution Mechanisms Concerning International Trade and Investment, in Particular within wto and icsid. A Dual Coverage in the Services Sector

20: The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-in Tariffs

21: Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law

22: Challenges of Investor-State Dispute Settlement Mechanism in TTIP

Part 5: International Commercial Arbitration

23: The Confluence of Transnational Rules and National Directives as the Legal Framework of Transnational Arbitration

24: The Challenges of Taking Evidence in International Commercial Arbitration: The Problem of Legal Privileges

Part 6: The Court of Justice of the European Union

25: Introduction

26: The Court of Justice of the European Union

27: Infringement Procedure and the Court of Justice as an EU Law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection

28: The United Nations Sanctions Regimes and a Judicialized European Union Perspective

Part 7: Domestic Courts as International Jurisdictions?

29: Introduction

30: Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations

31: Corporate Group Structures and the Limits of Personal Jurisdiction. US/European Comparative Remarks

32: Towards Judicial Accountability in the Business & Human Rights Field?

Part 8: Postscript

33: The Judicial and Constitutional Challenges of Legal Globalisation

Index