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The Role Of Expertise In Evidence Before International Courts: A Comparative Study Between The International Court Of Justice And The Judicial System In The World Trade Organization, Firas Alhasan Mr. Nov 2022

The Role Of Expertise In Evidence Before International Courts: A Comparative Study Between The International Court Of Justice And The Judicial System In The World Trade Organization, Firas Alhasan Mr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The principle mandate of the international adjudicators (such as judges in the International Court of justice and member of the Panels in the WTO judicial system) is to settle the legal disputes presented to them in a given case. In disputes which involves scientific and technical issues, the adjudicators may have a discretionary power to answer scientific and technical questions in scope of the dispute before them, but it’s unreasonable to think that international adjudicators must have knowledge on the various fields that may be subject to international disputes. Consequently, they will have to seek assistance from experts which importance …


Liability Of International Organizations For The Internationally Unlawful Act: Analytical Study Of The Draft Articles Of The International Law Commission, Mahmoud Burhan Outor Dr. Nov 2022

Liability Of International Organizations For The Internationally Unlawful Act: Analytical Study Of The Draft Articles Of The International Law Commission, Mahmoud Burhan Outor Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

One of the general principles in the law is that the physical or moral person takes responsibility in consequence of the act he is practicing. In international law, as well as in national law, the responsibility of persons arises if they engage in unlawful acts. This responsibility has been known in the past, but it has taken a legal framework that is somewhat late due to the recent emergence of some groups, such as international organizations that carry out their work tasks according to their specialization through their functional frameworks, their agents and contractors according to the rules of their …


International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano Prof. Nov 2022

International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.([1]) Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility …


Subjecting Armed Groups To International Law: A Study On The Rules Of International Humanitarian Law And The Extent Of Their Development, Salwa Elekyabi Dr. Sep 2022

Subjecting Armed Groups To International Law: A Study On The Rules Of International Humanitarian Law And The Extent Of Their Development, Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance to the provisions of the IHL.

This …