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Books on the topic 'Jurisdictional issues'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

M, Barlow Peter, and Laura E. Gibbs. Jurisdictional issues in domestic relations practice. [Boston, Mass.]: MCLE, 2010.

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2

Hybrid and internationalised criminal tribunals: Selected jurisdictional issues. Oxford: Hart Pub., 2012.

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3

Commission, Canada Law. Division of powers and jurisdictional issues relating to marriage. Ottawa: Law Commission, 2000.

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4

James, Patricia A. Saint. Jurisdictional issues in domestic relations practice: Handling interstate custody, visitation, and support matters. Boston, MA (Ten Winter Pl., Boston 02108-4751): Massachusetts Continuing Legal Education, 2001.

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5

South-East Asian seas: Oil under troubled waters, hydrocarbon potential, jurisdictional issues, and international relations. Singapore; New York: Oxford University Press, 1985.

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6

Valencia, Mark J. South-East Asian seas, oil under troubled waters: Hydrocarbon potential, jurisdictional issues, and international relations. Singapore: Oxford University Press, 1985.

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7

Office, General Accounting. CFTC and SEC: Issues related to the Shad-Johnson Jurisdictional Accord : report to Congressional requesters. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20548-0001): The Office, 2000.

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8

United States. Congress. Senate. Committee on Indian Affairs (1993- ). Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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9

United States. Congress. Senate. Committee on Indian Affairs (1993- ). Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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10

), United States Congress Senate Committee on Indian Affairs (1993. Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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11

United States. Congress. Senate. Select Committee on Indian Affairs. Status of jurisdictional authority in Indian country, an assessment of emerging issues: Hearing before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, first session ... April 17, 1991, Washington, DC. Washington: U.S. G.P.O., 1991.

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12

Campbell, Dennis. Mergers and acquisitions in Europe: Selected issues and jurisdictions. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

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13

Hargreaves, Pamela. Pesticide exposure - issues in civil liability within common law jurisdictions. Leicester: De Montfort University, 1999.

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14

1945-, Blakesley Christopher L., and Henning Peter J, eds. Global issues in criminal procedure. St. Paul, MN: Thomson/West, 2011.

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15

Future issues of jurisdiction and coordination between aboriginal and non-aboriginal governments. Kingston, Ont: Institute of Intergovernmental Relations, 1987.

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16

George H, Aldrich. 1 Jurisdictional Issues. Oxford University Press, 1996. http://dx.doi.org/10.1093/law/9780198258056.003.0002.

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17

Jurisdictional issues in domestic relations practice. Boston, MA: MCLE, Inc., 2006.

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18

Jurisdictional issues in domestic relations practice. Boston, MA: MCLE, Inc., 2007.

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19

Ontario, Ontario Chiefs of. Jurisdictional issues and implementation of self-government. Toronto, 1987.

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20

Matthias, Meessen Karl, ed. International law of export control: Jurisdictional issues. London: Graham & Trotman, 1992.

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21

Baiju S, Vasani, and Vasani Sarah Z. Part III Guide to Key Jurisdictional Issues, 12 Bifurcation of Investment Disputes. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0012.

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Bifurcation typically involves the division of arbitral proceedings into separate phases addressing jurisdiction/admissibility and the merits and, less frequently, the division of the merits phase into liability and quantum phases. However, tribunals are not restricted to bifurcating proceedings along these lines. For example, some tribunals have bifurcated proceedings in order to hear certain jurisdictional objections as preliminary issues while reserving other jurisdictional objections to be heard with parties’ arguments on the merits. Others still have ‘trifurcated’ proceedings into separate phases dealing with issues of jurisdiction, liability, and quantum. This chapter discusses factors that may provide guidance for parties in making arguments either for or against bifurcation.
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22

Baiju S, Vasani, Foden Timothy L, and Zayyan Hafsa. Part III Guide to Key Jurisdictional Issues, 13 Burden and Standard of Proof at the Jurisdictional Stage. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0013.

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This chapter considers a situation where a respondent party argues that the tribunal is without jurisdiction to hear the claims or counterclaims in the first place. In this case, does the respondent party, as the ‘moving party’, have to prove the lack of jurisdiction? Or is it the claimant who is in fact claiming jurisdiction, who has to prove its existence? Or in light of the fact that jurisdiction is a matter for the tribunal to decide for itself, even sua sponte, does neither party hold the burden of proof on this issue? Recent decisions in international arbitration law demonstrate that the burden of proof at the jurisdictional phase is an issue in flux. Despite a long line of decisions holding, perhaps simplistically, that the burden lies with the claimant, many recent cases have suggested that it can lie with either party, depending on which party is asserting the particular fact.
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23

Multi-jurisdictional issues in estate planning: The Massachusetts to Florida move. [Boston, Mass.]: MCLE, 2006.

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24

Washington (State). Dept. of Transportation. Aeronautics Division. and W & H Pacific., eds. Seaplane system program: A report covering jurisdictional issues, community concerns and operator requirements. [Olympia, Wash: Washington State Dept. of Transportation, Aeronautics Division, 1993.

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25

Mark A, Clodfelter, and Tsutieva Diana. Part III Guide to Key Jurisdictional Issues, 17 Counterclaims in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0017.

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The last decade has seen an increase in the efforts of respondent States to have their own claims against investor-claimants heard in investor-State proceedings commenced against them. The investment arbitration case law has revealed a host of legal and practical difficulties in admitting counterclaims. Most of these stem from the core requirement that parties must consent to submit their differences to investment arbitration. The applicable arbitration rules have also been cited as a bar to counterclaims. This chapter explores the functionality of applicable procedural rules as bases for an investment tribunal’s authority to hear counterclaims under the two main investment law regimes: the International Centre for Settlement of Investment Dispute (ICSID) Convention and Arbitration Rules and the United Nations Commission on International Trade Law Arbitration Rules. A review of the milestone cases under these two regimes reveals the major problems that have arisen.
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26

Trevor C, Hartley. Part IV Procedural and Systemic Issues, 23 Choice-of-Court Agreements: Jurisdictional Conflicts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0023.

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This chapter considers the problems that arise when an exclusive choice-of-court agreement, which is claimed to be valid, designates a court or the courts of one Member State (the ‘designated’ court), and proceedings are brought in another court (the ‘non-designated’ court). The basic aspects of choice-of-court agreements were discussed in Chapter 13. The chapter now deals with the interaction of these rules with the rules concerning <i>lis pendens</i>, the recognition of judgments, and other matters. It concludes that the only legitimate mechanism for ensuring respect for an exclusive choice-of-court agreement within the EU context is that provided by Brussels 2012, Article 31(2); both antisuit injunctions and actions for damages for ‘wrongful’ litigation are contrary to EU law.
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27

Svantesson, Dan Jerker B. Jurisdictional Interoperability— the Path Forward (for Now). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795674.003.0005.

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This chapter draws conclusions from the previous chapter on the history of Internet jurisdiction and suggests that the most appropriate path forward at this stage is to focus our attention on the concept of ‘jurisdictional interoperability’ as a part of ‘legal interoperability’. In other words, rather than vainly hoping for law reform in the shape of an all-encompassing international agreement overcoming the problems of Internet jurisdiction, we must accept that the road ahead will instead be travelled by many thousands of small steps. Just as the Internet is a successful network of networks, the mid-term solution to the jurisdictional issues online will be found in what one can see as a legal system of legal systems—a system in which domestic legal systems operate smoothly together with a minimum of inconsistencies and clashes.
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28

Katia, Yannaca-Small. Part III Guide to Key Jurisdictional Issues, 16 The Umbrella Clause: Is the Umbrella Closing? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0016.

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‘Umbrella clauses’ are inserted in treaties to provide additional protection to investors and are directed at covering investment agreements that host countries frequently conclude with foreign investors. Inclusion of umbrella clauses in investment treaties provides a mechanism to make host States’ promises ‘enforceable’ and comes as an additional protection of investor-state contracts, which raises the controversial issue of whether the umbrella clause seeks to elevate contractual breaches to treaty breaches. For a better understanding of the clause, this chapter (i) gives an overview of its history; (ii) briefly discusses the significance of the language included in a number of bilateral investment treaties; and (iii) looks at the effect, scope and conditions of application of the umbrella clause as interpreted by arbitral tribunals.
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29

Stavros L, Brekoulakis. Part III A Jurisdictional Approach to the Discussion on Arbitration and Third Parties, 8 When a Tribunal Should Assume Jurisdiction Over a Third-Party Claim and Other Select Issues Related to the Jurisdictional Approach. Oxford University Press, 2010. http://dx.doi.org/10.1093/law/9780199572083.003.0008.

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30

Katia, Yannaca-Small, and Katsikis Dimitrios. Part III Guide to Key Jurisdictional Issues, 11 The Meaning of ‘Investment’ in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0011.

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Despite the growing number of investor-state arbitrations and resulting jurisprudence, there is still no consensus on the criteria of investment. This chapter first examines the way ‘investment’ is ‘defined’ in bilateral investment treaties and other international investment agreements, as well as the meaning of investment in the International Centre for Settlement of Investment Dispute (ICSID) Convention. It then considers aspects of the arbitral jurisprudence on certain types of assets constituting an investment; the ‘objective’ and ‘subjective’ approach to interpreting definitions of ‘investment’; the characteristics that have been considered to be criteria of an investment; and the requirements that, to be protected, an ‘investment’ must be (i) made in accordance with the host State’s law and (ii) in the territory of the host State.
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31

Gregor, Noll. Part III Regimes and Doctrines, Ch.30 Theorizing Jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0031.

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This chapter illustrates jurisdiction as an attachment played out in a triangle. This triangle links the creator of jurisdictional entitlement to its holder and to the share of the world to which it relates. To exemplify, the share of the world might be a human being, a company, a territory, or a particular deed subjected to jurisdiction. The holder of jurisdictional entitlement is a state or a court. The creator of jurisdictional entitlement might be a worldly entity such as a number of states (endowing a human rights court with jurisdiction). Or a less tangible entity might be set as the creator (endowing the sovereign state with worldly jurisdiction). This triangle of attachments thus leads to two issues, which is elaborated further on in the chapter.
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32

Rod, Rastan. Part II The Relationship to Domestic Jurisdictions, 7 Jurisdiction. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0007.

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The jurisdictional regime of the ICC frames the entire process within which the proceedings are conducted. It determines the statutory scope of the Court’s competence, and also identifies the nexus between specific alleged acts and a situation that has been referred by a State Party or the Security Council or which has been authorized by the Pre-Trial Chamber, thus shaping the competence of the ICC to exercise its jurisdiction in a particular case. This chapter examines jurisdictional issues arising from each of the four facets of the Court’s jurisdiction, namely, subject matter, and personal, territorial, and temporal jurisdiction. It argues that jurisdiction may raise its head in many and multiple guises, in ways not dissimilar to those treated variously in other areas of public international law and domestic criminal law.
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33

Okeke, Edward Chukwuemeke. Jurisdictional Immunities of States and International Organizations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.001.0001.

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This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of diplomatic immunity and State immunity. The major aim of this book is to clarify the conceptual confusion that has often bedeviled the understanding of the law of the (different but interrelated) jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international courts and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The distinct jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for the international legal order to foster international relations and cooperation. The author intends to position the book to be of use both to scholars and to practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
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34

Stanimir A, Alexandrov. Part III Guide to Key Jurisdictional Issues, 15 Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0015.

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Foreign investors invest in a host state via a contract between the foreign investor and an entity or instrumentality of the host state. Disputes between investors and host states under investment treaties often arise out of breaches of these contracts. In such cases, international tribunals must assess whether the asserted claims rise to the level of a breach of a state’s international obligations. More than a decade ago, the decisions on jurisdiction in SGS v Pakistan and SGS v Philippines brought this issue into the spotlight. These decisions, often perceived as contradictory, deal with the jurisdiction of treaty-based tribunals over claims for a breach of contract. This chapter reviews the seeming confusion regarding the interplay between treaty claims and contract claims and discusses how to dispel any confusion.
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35

Georgios, Petrochilos. Part III Guide to Key Jurisdictional Issues, 14 Attribution: State Organs and Entities Exercising Elements of Governmental Authority. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0014.

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This chapter discusses the issue of attribution in investment treaties. Attribution is the legal operation by which the allegedly wrongful deed is connected to the State as the doer. This is a necessary operation, serving as it does the needs of the unitary conception of the State in international law: the conduct of the multitude of persons and entities through whom the State in fact operates must be funnelled through the rules on attribution. The vast majority of investment treaties do not contain special rules of attribution, so they are to be read in the light of general international law in that respect. Arguably, however, exceptions setting forth a lex specialis may be found in the NAFTA Agreement, the Energy Charter Treaty, and certain U.S. bilateral investment treaties which contain provisions in respect of State enterprises and monopolies.
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36

Authors, Multiple. Navigating Cross-Border Insolvency Issues: Leading Lawyers on Understanding Jurisdictional Variances and Assessing Debtor and Creditor Rights in International Proceedings. Thomson Reuters Westlaw, 2013.

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37

Katia, Yannaca-Small. Part III Guide to Key Jurisdictional Issues, 10 Who is Entitled to Claim?: The Definition of Nationality in Investment Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0010.

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One of the main elements setting the scope of application ratione persona of international investment agreements is the definition of the investor. An investment agreement applies only to investors who qualify for coverage under its relevant provisions; only they can submit a claim against the host State. The definition identifies the group of investors whose foreign investment the home country is seeking to protect through the agreement as its ‘nationals’, as well as the ‘clients’ and the investments the host country wishes to attract. This chapter deals with the nationality of the investor, whether a natural or legal person; the criteria used by investment agreements to attribute this nationality, and the arbitral awards that support this qualification. For natural persons, the issues are usually not problematic, although some may arise in particular with regard to dual nationality. For legal persons, the debate remains far more complex.
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38

Lloyd, Ian J. 13. Detecting and prosecuting computer crime. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787556.003.0013.

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This chapter discusses the detection and prosecution of computer crime. It covers the law on intercepting content and communications data; the extent to which computer evidence might be admitted in criminal cases; jurisdictional issues, that is, the perpetrator of the conduct and the victim computer may be located within different jurisdictions; and extradition.
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39

Valencia, Mark J. South-East Asian Seas: Oil Under Troubled Waters: Hydrocarbon Potential, Jurisdictional Issues, and International Relations (Natural Resources of South-East Asia). Oxford University Press, USA, 1986.

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40

Charles N, Brower, and Ahmad Jawad. Part III Guide to Key Jurisdictional Issues, 18 The State’s Corruption Defence, Prosecutorial Efforts, and Anti-corruption Norms in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0018.

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This chapter addresses two developments in the field of investment arbitration and corruption. First, it discusses the ‘binary’ or ‘harsh’ outcomes in investment arbitration awards and query whether there is scope within the field to level the playing field. It discusses cases where illegality — including corruption — has surfaced, whether as a question of jurisdiction, or of admissibility or of the merits. It then considers the viability of conditioning the State’s entitlement to assert corruption as a defence on proof of steps by the respondent State to investigate and prosecute public officials for corruption. Second, the chapter surveys recently concluded investment agreements that incorporated anti-corruption norms within their text, and considers the extent to which they address the issues facing corruption globally and within the investment arbitration space.
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41

American Bar Association. Environmental Litigation Committee. and American Bar Association. Section of Litigation., eds. Getting in and getting out: Developments in the law of standing, intervention, the impossibility defense, and leading jurisdictional issues in citizen suit litigation. [Chicago, Ill.]: American Bar Association, 1997.

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42

Luanne A, Walton. Part IV Federalism, B Federalism in Context, Ch.25 The Exploitation of Natural Resources in the Federation. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0025.

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This chapter traces the evolution of natural resources jurisdictional litigation from Confederation in 1867 until the present. Issues of resource ownership, legislative control, and environmental protection are all explored. In the years immediately following Confederation, the principal focus was establishing resource ownership for all provinces. Once that was established through the Natural Resources Transfer Agreements, legislative jurisdiction over resources became the issue. The caselaw from this period resulted in the resource amendment, which was the only change to the federal-provincial division of powers constitutionally entrenched by the Constitution Act, 1982. Issues of ownership and legislative jurisdiction were settled just in time for the courts to turn their focus to environmental protection. The author demonstrates the way in which litigation and negotiation through the years has led to the current conflict between environmental and resource protection, and the potential profits available in the fossil fuel sector, with special emphasis on pipelines.
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43

Kobrin, Stephen J. Sovereignty@Bay. Edited by Alan M. Rugman. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199234257.003.0007.

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This article is concerned with only one aspect of the vast literature on MNE–state relations: the impact of the MNE on sovereignty, autonomy, and control. It argues that the mainstream literature of the sovereignty at bay era did not predict the end of the nation-state or conclude that sovereignty is critically compromised either in theory or practice. In fact, while the terms ‘sovereignty’, autonomy', and ‘control’ appear frequently in these discussions, they are rarely defined or even used precisely. At the end of the day MNEs are international or cross-border entities which are of the existing inter-state system firmly rooted in national territorial jurisdiction. The problems posed by the traditional MNE for both states and the inter-state system tend to involve issues of jurisdictional asymmetry, jurisdictional overlap and control, rather than sovereignty in its formal sense. The hierarchical or Fordist structure of the traditional MNE reinforces the core values of the modern international political system: state sovereignty and mutually exclusive territoriality.
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44

O'Hara-O'Connor, Erin. Choice of Law and Conflict of Laws. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.039.

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This chapter explores the contribution of law and economics to conflict of laws, including choice of law, personal jurisdiction, and judgment recognition and enforcement. Consistent with developments in the literature, the majority of discussion focuses on choice of law, or how best to allocate sovereign authority over governing law when private disputes involve people or events that span multiple states or nations. The tension between private and state interests and the contributions of jurisdictional competition are considered, as is state incentives to cooperate, harmonize, and/or reciprocate in each of the substantive areas covered. Both federalism and international relations issues are briefly discussed.
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45

Eidenmüller, Horst. Comparative Corporate Insolvency Law. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.42.

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This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of claims and the position of secured creditors and shareholders, and rescue proceedings. The chapter also covers the contractual resolution of financial distress. It concludes with thoughts on the reasons for the identified jurisdictional divergences and an outlook on the worldwide efforts toward harmonization of (corporate) insolvency laws. In terms of jurisdictions, the chapter mainly draws on the corporate insolvency laws in the US, England, France, and Germany.
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46

Anita, Anand. Part IV Federalism, B Federalism in Context, Ch.24 Constitutional Aspects of Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0024.

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This chapter describes the constitutional aspects of commercial law and focuses on division-of-powers issues relating to banking, bankruptcy, corporate, and securities law. The chapter makes two important observations. First, the broader jurisdictional lines in commercial law areas are mostly settled. Banking and bankruptcy are areas of federal jurisdiction, for example, whereas the provincial and federal governments have overlapping jurisdiction over corporate law. Securities law is an exception. Although securities law has historically been under provincial control, the appropriate role of the federal government has been the subject of recent controversy and litigation. Second, the chapter explains that although the provincial and federal governments have separate constitutionally protected roles in various areas of commercial law, the role is rarely exclusively assumed (or the field occupied) by one level of government. That is, provincial legislation in one area of law impacts what is otherwise federal constitutional jurisdiction, and vice versa.
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47

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part II Ambit of Protection, 5 Nationality. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0005.

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Chapter 5 examines the nationality of the claimant as a jurisdictional condition to the ambit of protections afforded by investment treaties. It first provides an overview of the nationality requirement in investment law before discussing the role of precedent in resolving three key controversial jurisdiction ratione personae issues: (1) the dual nationality of individuals; (2) the problems arising from corporations under foreign control; and (3) the restructuring of corporate nationality in order to seek to achieve the benefits of treaty protection. The chapter analyses the nationality and control requirements of both the ICSID Convention and of investment treaties themselves. It concludes with the effectiveness of denial of benefits clauses.
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48

Merrills, John G. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0014.

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In 2016 the ICJ gave five judgments and made two significant orders. All five judgments concerned various issues of jurisdiction, while the orders concerned respectively the appointment of experts and provisional measures of protection. Three new cases were begun in 2016. These related to the status and use of a river, the alleged immunity of a minister and the legal status of an embassy building, and the alleged violation of a treaty between Iran and the United States. The Court was also able to hold public hearings on the preliminary objections in one case with a view to giving judgment in 2017. The Court's record in 2016 underlines the importance of jurisdictional issues in its work and shows that states continue to value its assistance in resolving their disputes peacefully.
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49

Okeke, Edward Chukwuemeke. Legal Status of International Organizations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0007.

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The legal status of international organizations matters because issues of their jurisdictional immunity would not arise, a priori, if they did not have both international personality and legal personality. This chapter addresses the legal status of international organizations under both international and national laws, examining their international and legal personalities that enable them to participate in international and national life. To carry out their functions, international organizations must have the requisite legal status, which also has a bearing on their jurisdictional immunity. The chapter also includes a discussion of the difference between international personality and legal personality.
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50

Songer, Donald R., and Susan B. Haire. Access to Intermediate Appellate Courts. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.12.

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The formal organization of court systems and jurisdictional rules established by legislatures often determine which litigants will have their cases reviewed by an appellate court. While some procedural obstacles are straightforward in their application, others require judicial interpretation with research findings suggesting that judges’ policy goals are related to decision-making on threshold issues. Even if there are no jurisdictional constraints, some losing litigants weigh the costs and benefits of pursuing an appeal. Still, filing an appeal does not guarantee full consideration of the issues raised by an appellant. Caseload pressures have contributed to screening procedures that result in only a minority of cases being closely scrutinized by an appellate panel. This chapter examines research on this winnowing process that characterizes litigant access to intermediate appellate courts.
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