Amicus Curiae before International Courts and Tribunals

Author: Astrid Wiik

Publisher: Nomos Verlag


Category: Law

Page: 734

View: 384

Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.

The Amicus Curiae in International Criminal Justice

Author: Sarah Williams

Publisher: Bloomsbury Publishing


Category: Law

Page: 304

View: 364

The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

Amicus Curiae

Author: Brian Clary

Publisher: iUniverse


Category: Fiction

Page: 330

View: 166

Michelle “Mickey” Grant is a rising star in a prestigious Texas law firm. Unfortunately, her career goals firm came with a heavy price—the demise of her marriage to Tyler Grant, who now holds primary custody of their teenager, Reagan. As the holidays approach, Mickey focuses on winning the next case without any idea that her world is about to shatter. Someone is abducting teenage girls from local mall parking lots and leaving few clues as to their whereabouts. After Reagan goes missing, on Mickey’s watch, just days before Christmas, a suspect is arrested and convicted for the capital murder of one such abductee. Following the trial, the police all but close their files on the open cases of the other abductees. Mickey is haunted by lingering questions, with only one potential source for the truth—death row inmate Willie Lee Flynn—Mickey tries and fails to gain his cooperation, leaving her to rely on her legal resources and the court system to exert pressure on him. As she does Mickey is thrust into a series of treacherous events, leading her down a dangerous path that she hopes finally points to the truth, no matter the threat to her career and her own safety. In this legal thriller, a determined attorney inserts herself in the most important case of her life in an attempt to learn what became of her daughter when she disappeared outside a Texas mall.

Brief Amicus Curiae of the American Psychological Association

Author: Supreme Court of the State of California

Publisher: Good Press


Category: History

Page: 49

View: 476

"Brief Amicus Curiae of the American Psychological Association" by Supreme Court of the State of California. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Amicus Curiae

Khaitan & Co. is 100

Author: Aditi Roy

Publisher: Rupa


Category: Fiction

Page: 385

View: 659

The other argument that one can use against Pepler is about the unkindness that nature has shown to lawyers, in this case the hero of the day; the centurion, KCo. Why else would those ravishing floods of 1978 drown all the documents and photographs that the firm of solicitors had carefully stored in a godown at 52/2, Ballygunge Circular Road, Calcutta?

The Participation of an Amicus Curiae in Investment Treaty Arbitration. How does the European Commission Function in this Role?

Author: Danielle Golinski

Publisher: GRIN Verlag


Category: Law

Page: 53

View: 766

Master's Thesis from the year 2018 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,3, Stellenbosch Universitiy, language: English, abstract: This research paper will examine the current development of amicus curiae participation in investment arbitration and the functioning of the European Commission in this role. The need for transparency and reforms in international investment arbitration will be examined and it will be critically evaluated whether amicus participation is a suitable tool for addressing legitimacy concerns. The role of an amicus curiae in current arbitration practice will be examined as well. Various arbitration regimes and their approach to amicus participation will be evaluated. The last part of the paper will concentrate on the role of the European Commission and will examine the Commission’s role as an amicus in investment disputes in practice. Within our global economy, international investments are a cornerstone. In the modern era, the favoured dispute resolution mechanism has been investment arbitration, a distinct form of international commercial arbitration, which has increased dramatically. Today, investors usually submit claims after consultations and negotiations with the host state for resolution under the auspices of an arbitral institution. Similarly, a new trend in structuring and supporting investments is the proliferation of regional arrangements in the form of Free Trade Agreements, like the North American Free Trade Agreement (NAFTA), the Comprehensive Economic and Trade Agreement between Canada and the EU (CETA) or the multi-party Energy Charter Treaty (ECT). As investment arbitration has gained more presence within the international judicial landscape, it has also been put under the scrutiny of public society. Especially during the CETA and the TTIP negotiations, a growing public concern within Europe evolved, manifesting the belief that international investment arbitration is a threat to the principles of a democratic society and could, by allowing a “secretive panel of corporate lawyers” to overrule the will of parliament and thus, destroy legal protection. These concerns led to public and academic discussions on whether the traditional principle of confidentiality should be reformed towards more transparency in international investment arbitration. The most discussed component for these reforms is the figure of an amicus curiae.

Amicus Curiae

Author: F. Soto Gras



Category: Associations, institutions, etc

Page: 9

View: 459

United States Supreme Court Reports

Author: United States. Supreme Court



Category: Law reports, digests, etc


View: 111

First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.

Oral Argument and Amicus Curiae

Author: Matthew M.C. Roberts

Publisher: LFB Scholarly Publishing


Category: Amici curiae

Page: 184

View: 802

Members of the Supreme Court are supposed to base decisions on the law, but often their choices are better explained by political ideology and party loyalty. Roberts sheds light on this problem by looking at a part of the CourtOCOs life that has never been systematically studied. Most cases feature extra briefs written by third parties known as amici curiae. He examines the rare occasions on which the Court allows these extra groups to participate not just by filing briefs but by appearing before the Court during oral arguments. By tracing how these groups influence the justicesOCO behavior, Roberts presents a strong case that the Court is driven by more than politics."