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As the predecessor of the International Court of Justice atThe Hague, the Permanent Court of International Justice wasa pioneering institution blessed with brilliant lawyers. Oneof the important figures was Mr Wang Chung-Hui. In 1922, Wangcame to the Permanent Court as his country's foremost jurist;ultimately, he was to exercise notable influence on his colleaguesas well as landmark decisions of the Permanent Court. This articleseeks to introduce Wang Chung-hui as the first Chinese memberof the World Court. Wang's success as an international judgemay suggest that the Permanent Court, and international lawof the period, cannot be distinguished on the ground that itwas peculiarly Eurocentric. 相似文献
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This article presents a brief overview of developments relatingto the International Court of Justice during 2006 and reportson certain revisions and additions that were introduced to thePractice Directions and on the latest changes in the Court'scomposition. Finally, a brief outlook is presented on the basisof the status of the Court's docket as on 31 December 2006. 相似文献
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从常设国际法院到国际法院,其咨询管辖权和“司法性”之间的协调一直是一个难题。要想满意地解决法院当前面临的困境,不必急于扩大有权寻求咨询意见的机构的范围,而必须确保各机构在利用国际法院的咨询管辖权时,更多的是出于解决法律问题的目的而非政治目的。 相似文献
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Edwin Bikundo 《Law and Critique》2012,23(1):21-41
This is a theoretical and empirical investigation into the causal link (if any) between international criminal trials and
preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having
the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind
recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain
substitution of personal rights for social harmony and order. These prosecutions combine a peculiar rhetoric, logic and aesthetic,
all which substitute the responsibilities for a society in general to a particular individual in order to redeem that society
by transferring its communal responsibility onto the individual punished as a form of atonement or expiation. International
and domestic trials, as well as truth and reconciliation commissions, are part of a suite of options addressing communal mass
violence that can work in tandem. However, because those convicted do not have a monopoly on criminality, nor do those merely
reconciled have a monopoly on virtue, exemplification through punishment only targets a few on behalf of the many. Indeed
such a redemptively sacrificial economy distinguishes legal justice from mere vengeance. 相似文献
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反诉是国际法院诉讼程序中的一种附带程序。20世纪90年代,国际法院涉及到反诉的案子突然增多,其基本上是被作为一种诉讼策略在使用。国际法院在处理反诉过程中的系列做法彰显了反诉的诸多法理。为了加强对反诉程序的控制,国际法院对反诉规则进行了相应的修改。 相似文献
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ABILA Committee on Intergovernmental Settlement of Disputes 《Chinese Journal of International Law》2006,5(1):39-65
In September 2005, the UN General Assembly adopted an ambitiouslist of reforms of the UN structure, mandate and agenda. Ifimplemented, it is going to be the most radical reform of theUN to date. Yet, the International Court of Justice, the principaljudicial organ of the organization, has been largely ignored.This Report suggests that States should take advantage of thereform-mood at the UN to consider also some essential reformsof the ICJ. These include: Should the Security Council be enlarged,then UN member States should consider expanding the membershipof the ICJ, too; judges should not be allowed to be re-electedand their tenure should be increased to 12 years; age limitsshould be introduced; the number of female candidates to beelected should be increased; intergovernmental organizationsshould have capacity to be a party in contentious proceedings;the new Human Rights Council and certain international courtsand tribunals should be given the power to request advisoryopinions. 相似文献
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This paper examines the dispute settlement procedure establishedby Article 119 of the Rome Statute of the International CriminalCourt, with particular attention paid to whether that provisioncreates any relationship between the International CriminalCourt and the International Court of Justice. The paper firstdiscusses the jurisdictional reach of Article 119, detailingthe types of disputes addressed in its two subsections and themanner in which such disputes are to be handled. Secondly, itfocuses on the possibility of referral of disputes covered inArticle 119(2) to the International Court of Justice. Althoughthe provision expressly contemplates such a referral, it remainsunclear whether the provision adequately supports the jurisdictionof the International Court of Justice in accordance with theStatute of that Court. The paper goes on to suggest ways inwhich the International Criminal Court Assembly of States Partiescan take steps to improve the likelihood that such referralwould be deemed proper in order to enhance the possible andfinal settlement of disputes. 相似文献
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Lucien A. Beaulieu Carla Cesaroni 《European Journal on Criminal Policy and Research》1999,7(3):363-393
The last century has witnessed the creation of a number of strategies regarding youth justice and the young offender. With each change in policy has come a redefinition of the role of the youth court judge. This article discusses the traditional role of the judge, the unique role of the youth court judge, and how history has and is likely to continue to define and influence this role. 相似文献