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Full-Text Articles in Law

The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti Jan 2015

The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

The rules and mechanisms to challenge and recuse a judge of the International Court of Justice ("ICJ") are unique and pertain to the control mechanisms proper to permanent international dispute resolution bodies, characterized by a plurality of representative, elected judges. Indeed, the Statute of the ICJ ("Statute") provides a series of control mechanisms aimed at ensuring the independence and impartiality of its judges. The drafters of the Statute adopted a multi-tiered approach, relying first on self-control of each judge, and then envisaging a subsidiary control role for the President and the Court as a whole. Third-party requests for recusals are …


At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French Jan 2015

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Sociology and Anthropology Faculty Publications

The article under consideration in this symposium issue, “Foreign Attorneys in U.S. LL.M. Programs: Who’s In, Who’s Out, and Who They Are,” by Mindie Lazarus-Black and Julie Globokar, comes at a critical moment for law schools, especially those below the top tier. Many schools are reducing class size, offering unprecedented financial aid and scholarship packages, and entering a general retrenchment mode. This most recent crisis in law school applications and enrollment (applications are down at some schools by over 30 percent) has led to an increase in the popularity of Master of Laws (LL.M.) programs for foreign attorneys. The steep …


Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti Jan 2015

Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

Robert Kolb's The International Court of Justice is a monumental tribute to the enormous historical and legal contributions of the International Court of Justice (ICJ) and its predecessor. the Permanent Court of International Justice (PCIJ), as well as an excellent resource about the complex procedural provisions of both institutions. Kolb, a professor of public international law at the University of Geneva, wrote the original version in French (La Cour internntionale de justice (published by Pedone in 2013)), and he slightly updated it for the English version reviewed here. Alan Perry, solicitor of The Senior Courts of England and Wales, translated …


Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti Jan 2015

Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti

Law Faculty Publications

The proliferation of international courts and tribunals has resulted in interesting instances of cross-fertilisation of procedural law among international courts. This chapter provides a framework to assess specific techniques of cross-fertilisation, used in support of specific conclusions reached by the deciding tribunal Techniques used include general references to decisions by other tribunals, specific citations to one or more decisions by other international courts and tribunals and references to a standard adopted by other international courts and tribunals explained in a dissenting or separate opinion and differing from the conclusion supported by the majority of the deciding tribunal. Continuous instances of …