Inter-American Court of Human Rights Practice Review. December 2013 – June 2014
The article focuses on the case law of the Inter-American court of Human Rights in the first half of 2014. The cases chosen by the author cover such issues as non-retroactive effect of a law, abuses in the alleged fight against terrorism, the right to legal defense and to appeal court decisions, the state’s obligation to carry out an effective investigation of violence against women, exceptions to the right to exhaust domestic remedies, protection of the rights of family members of imprisoned persons, and other important issues.
There is no “international bar” that regulates the practice of forensic advocacy before international courts and tribunals. The lack of common ethical standards for representatives before international courts and tribunals has become increasingly topical, particularly in the field of investment arbitration. Initiatives by such professional organizations as the International Law Association and the International Bar Association to identify universal ethical principles suggest that there is a body of opinion amongst practitioners who believe that common ethical standards are necessary. However, the topic remains virgin territory in relation to the European Court of Justice and the European Court of Human Rights.
Between Idealism and Realism: A Few Comparative Reflections on and Proposals for the Appointment Process of Members of the Inter-American Commission and Inter-American Court of Human Rights (Part 2)
The appointment procedure for judges is one of the factors that guar- antee the independence of international judicial bodies. The author makes some remarks about how to improve the system from a com- parative analysis of different procedures in other international judicial bodies such as the European Court of Human Rights and European Court of Justice. He analyzes the differences in Inter-American procedures and the European use of expert commissions for selecting judges.
Pursuant to Article 63 of the Statute, every State party to a convention the construction of which is in question in a case before the Court has a right to intervene in that case. Although intervention under Article 63 is a matter of right, a number of procedural conditions must be met for that right to be exercised.
Proportionality as a key concept of contemporary international law has been largely misunderstood. The article suggests a new approach to proportionality as an argumentative practice and studies the dialectical structure of proportionality discourse.
The article considers this de facto role of the arbitrator in investment rule-setting by canvassing arbitral interpretation as a jurisgenerative process per se, and by exploring its impact on future treatymaking.
The Requirement of “Effective Investigation” of Crimes and Some Aspects of Its Implementation in the Context of Armed Conflict
The author addresses the question of “procedural obligations” stemming from human rights standards which require governmental authorities to investigate crimes, including those committed in the context of armed conflict. Relying upon the experience of the Human Rights Advisory Panel in Kosovo and some international law enforcement structures, the article discusses certain legal and practical problems faced by international investigative teams and analyses the impact of those problems on the effectiveness of their work.
Uniform Law Enforcement as a Purpose of the Eurasian Economic Union Court
The article analyzes some of the problems of the functions of the Eurasian Economic Union’s organs and their interactions with each other and with national judicial authorities. The article considers the priority challenges facing the Court, turns to the practice of the EurAsEC Court and the Court of Justice of the European Union concerning the competence of national and supranational judicial bodies, and defines the problems and prospects of development of this new judicial body.
This conference review describes the main topics and issues that were raised during the discussions: the conflict of jurisdictions of universal and regional bodies in settling trade disputes, the participation of private parties in such disputes, the role of national courts, actual problems of commercial arbitration, enforcement of decisions, and the concurrent use of public and private dispute resolution mechanisms.
What if not only Russians look through “the window to Europe” opened by Peter the Great? What if Europeans look through the same window from the other side? This new book by Lauri Malksoo definitely answers this question. It addresses issues of governmental interpretation of human rights, implementation of the rulings of the European Court of Human Rights in the context of Russian reality, and the influence of the Russian Orthodox Church on domestic social and political thought.