Littérature scientifique sur le sujet « International Court of Justice – Rules and practice »
Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres
Consultez les listes thématiques d’articles de revues, de livres, de thèses, de rapports de conférences et d’autres sources académiques sur le sujet « International Court of Justice – Rules and practice ».
À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.
Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.
Articles de revues sur le sujet "International Court of Justice – Rules and practice"
1
Rosenne, Shabtai. « The International Court of Justice – New Practice Directions ». Law & ; Practice of International Courts and Tribunals 8, no 2 (2009) : 171–80. http://dx.doi.org/10.1163/157180309x451079.
Texte intégralRésumé :
AbstractNew Practice Directions III, VI and XIII, deal with the written pleadings and the oral pleadings and the relations between the two. This Note examines these new Practice Directions in light of relevant provisions of the Statute and the Rules of Court and suggests that the Court exercise its powers to give the parties suggestions regarding the content of the written pleadings in regular interlocutory stages. This is to meet the Court's desire to maintain succinctness of the written pleadings without prejudice to their adequacy.
2
Chayka, K. L. « The Genesis of International Justice ». Rossijskoe pravosudie 2 (28 janvier 2021) : 13–19. http://dx.doi.org/10.37399/issn2072-909x.2021.2.13-19.
Texte intégralRésumé :
The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.
3
Nicholson, Rowan. « The International Court of Justice as a “Shortcut” to Identifying Custom ». Law & ; Practice of International Courts and Tribunals 20, no 3 (29 novembre 2021) : 490–518. http://dx.doi.org/10.1163/15718034-12341456.
Texte intégralRésumé :
Abstract A frequently used shortcut to identifying rules of customary international law is to rely on statements by the International Court of Justice instead of conducting a more cumbersome investigation of state practice and opinio iuris. The purpose of this article is to consider when the Court’s statements align or may come to align with customary rules and, consequently, to what extent this shortcut is justified. Its value is in systematically exploring ideas that international lawyers may already have internalised; it may also help students of the subject to understand why reliance is placed on judicial decisions. Often, the Court simply elucidates pre-existing customary rules. But examples such as Factory at Chorzów, Fisheries, and Reservations to the Genocide Convention suggest that an additional or alternative justification for the shortcut may be stronger. This is the tendency of states to endorse or “ratify” statements by the Court through subsequent practice and opinio iuris.
4
Tang, Zheng Sophia. « EFFECTIVENESS OF EXCLUSIVE JURISDICTION CLAUSES IN THE CHINESE COURTS—A PRAGMATIC STUDY ». International and Comparative Law Quarterly 61, no 2 (avril 2012) : 459–84. http://dx.doi.org/10.1017/s0020589312000097.
Texte intégralRésumé :
AbstractChinese judicial practice demonstrates great diversity in enforcing exclusive jurisdiction clauses. In practice, the derogation effect of a valid foreign jurisdiction clause is frequently ignored by some Chinese courts. It may be argued that these Chinese courts fail to respect party autonomy and international comity. However, a close scrutiny shows that the effectiveness of an exclusive jurisdiction clause has close connections with the recognition and enforcement of judgments. If the judgment of the chosen court cannot be recognized and enforced in the request court by any means, the request court may take jurisdiction in breach of the jurisdiction clause in order to achieve justice. Chinese judicial practice demonstrates the inevitable influence of the narrow scope of the Chinese law in recognition and enforcement of foreign judgments. It is submitted that the Chinese courts do not zealously guard Chinese jurisdiction, or deliberately ignore party autonomy and international comity. Instead, the Chinese courts have considered the possibility of enforcement of judgments and the goal of justice. Applying the prima facie unreasonable decision test is the best the courts can do in the specific context of the Chinese law. The status quo cannot be improved simply by reforming Chinese jurisdiction rules in choice of court agreements. A comprehensive improvement of civil procedure law in both jurisdiction rules and recognition and enforcement of foreign judgments is needed.
5
Keith, Ken J. « The Development of Rules of Procedure by the World Court Through its Rule Making, Practice and Decisions ». Victoria University of Wellington Law Review 49, no 4 (15 novembre 2018) : 511. http://dx.doi.org/10.26686/vuwlr.v49i4.5338.
Texte intégralRésumé :
Courts and tribunals follow procedures in reaching their decisions. Those procedures should provide the parties, appearing before an independent, impartial and qualified body, with a full and equal opportunity to present their cases and to challenge those presented against them. The process should also provide the body with sufficient material for it to resolve the dispute. The procedural rules may be established by those who set up the court or tribunal, including treaty makers and legislatures, or by the body itself through the exercise of its general rule making power and its rulings and practice in particular cases. This article considers the work of the Permanent Court of International Justice and its successor, the International Court of Justice, over almost the last 100 years in developing their procedures. A striking feature of the history is that the Statutes of the two Courts have remained essentially unchanged and that it is the Courts themselves that have developed the procedures which they and the parties are to follow. Along with the development of the law and practice of evidence in the two Courts, the history contributes an answer in one area to recurring questions about the best means of clarifying and making law.
6
Klyuchnikov, Andrew Yu. « The main approaches to the definition of the international courts’ competence ». Tyumen State University Herald. Social, Economic, and Law Research 5, no 3 (28 octobre 2019) : 128–43. http://dx.doi.org/10.21684/2411-7897-2019-5-3-128-143.
Texte intégralRésumé :
The rules on the competence of international courts determine the nature of the cases they resolve and the conditions for their admission to proceedings. The possibility composition of the court considers each case individually following the principle of jurisdiction to decide the jurisdiction due to the lack of a clear regulatory framework. Each international court of justice, relying on the international law, is solely competent to resolve doubts as to its own jurisdiction. This study aims to identify the approach of courts to solving jurisdictional problems in practice. The material for the study includes the cases of international courts, doctrinal comments, and legal positions of prominent researchers of international justice. The author describes the basic interpretative framework procedure, restraint, activism in the justification, and the lack of personal jurisdiction. Thus, if the international court of justice has no confidence in the existence of competence on the subject of the dispute, it will not take measures to justify it. The brevity of the position on the issue will be due to interpretative restraint. Activism arises when the international court of justice seeks to achieve a procedural result, substantiate the rationality of the result of interpretation or the impossibility of achieving it. Science has not resolved the issue of factors that may affect the limits of interpretation by international courts of their own competence.
7
Jia, Tingkai. « Reviews on the Application of Effectivités in 2012 Nicaragua and Colombia Case ». Asian Journal of Social Science Studies 7, no 1 (25 janvier 2022) : 66. http://dx.doi.org/10.20849/ajsss.v7i1.993.
Texte intégralRésumé :
Effectivités is a unique principle developed in the process of settling territorial disputes by the International Court of Justice. It is gradually developed in judicial practice and plays a very important role in settling territorial disputes. From the perspective of the case of territorial and maritime dispute between Nicaragua and Colombia, which was tried by the International Court of Justice in 2012, and combined with other cases that applied Effectivités, this paper analyzes and discusses the basic theoretical basis and considerations of the application of this principle by the International Court of Justice, and the relationship between this principle and other applicable sources or rules of international law.
8
Janssen, A. D. M. « Country Note : International Trade, a Never-Ending Trend ». Intertax 48, Issue 12 (1 novembre 2020) : 1155–68. http://dx.doi.org/10.54648/taxi2020115.
Texte intégralRésumé :
This article describes the recent developments in international trade and VAT. International trade has become an integral part of our economy and the judicial calendar of the EU Court of Justice. An interesting case regarding the intra-Community transport of goods is the Herst case. This case is an example of how the case law of the EU Court of Justice provides some guidance regarding VAT rules concerning the intra-Community supply of goods and chain transactions prior to 1 January 2020. As of 1 January 2020, the new provisions established with the 2020 Quick Fixes are applicable that establish rules, among others, for the attribution of the intra-Community transport of goods to one of the supplies within a chain transaction. Despite the guidance of the EU Court of Justice provided in the Herst case, there continues to be much uncertainty. Although the Quick Fixes seem to provide harmonization and simplification of the EU VAT rules, the strengths and weaknesses of the Quick Fixes will have to be demonstrated in practice. This is also valid with respect to the distance selling rules. In the KrakVet and the Healthspan case, preliminary questions are referred to the EU Court of Justice regarding the transport requirement. This author expects that many new cases will follow. International trade as a trend in EU VAT case law will probably never end. Value added tax, intra-community supply, intra-community acquisition, chain transaction, ascribing intra-community transport to one supply within the supply chain, exemption of supplies of goods dispatched or transported within the EU, transfer of the right to dispose of goods as owner, quick fixes, distance sales of goods, place of supply of goods with transport, Herst, Krakvet, healthspan, EU Court of Justice.
9
Arsić, Katarina. « Criminal immunity of state officials in international law ». Bezbednost, Beograd 64, no 2 (2022) : 145–59. http://dx.doi.org/10.5937/bezbednost2202145a.
Texte intégralRésumé :
The paper analyzes the practice of the states and international courts regarding the recognition, non - recognition or withdrawal of immunity in cases which are in accordance with international criminal law and against state officials, including highlevel officials. This paper offers an analysis of the historical role of World War II in recognizing individual criminal responsibilities in international law, enabling the criminal process and prosecuting officers for violating jus cogens norms. In this sense, we should distinguish the immunity ratione personae (personal immunity) from the immunity ratione materiae (functional immunity). High state officials such as the Head of State, the Prime Minister and the Minister of Foreign Affairs have the immunity ratione personae. On the other hand, the immunity ratione materiae is enjoyed by other officials. While personal immunity derives from the function performed by high-rank officials and should ensure unhindered performance of their duties, functional immunity is the immunity of the state and should primarily protect the state, not the official, because the official acts only on behalf of the state. Based on this, the paper points out that the practice of domestic courts, the International Court of Justice and the International Criminal Court in recognizing or withdrawing immunity of state officials is inconsistent. The paper analyzes the Seventh Report on Immunity of State Officials from foreign criminal jurisdiction by the Commission on International Law and indicates the areas in which the articles of a potential document on the criminal immunity of state officials in international law should be elaborated. In addition to contradictory judgments of the International Court of Justice and the International Criminal Court, the impossibility of defining uniform rules arises because the states have different understanding and believe that the dignity of the state will be endangered if their high officials are prosecuted by courts of other states. The paper concludes that further monitoring of the work of relevant international and domestic courts is needed in order to uniform rules and produce a draft document on criminal immunity of state representatives in international law based on uniform practice.
10
Samovich, Yu V. « About International Sports Justice ». Rossijskoe pravosudie 8 (20 juillet 2020) : 53–58. http://dx.doi.org/10.37399/issn2072-909x.2020.8.53-58.
Texte intégralRésumé :
Justice, as a model of equity, is becoming an extremely demanded way of clarifying the relations of counterparties in most spheres of human life. This time, the question will be about sports disputes, whose appearance provoked first a «doping scandal» with Russian athletes, and then, no less scandalous proceedings of the Sports Arbitration Court. The purpose of this article is to conduct a review of sports disputes considered in international instances to analyze the objectivity and adequacy of the existing procedure for the consideration of sports disputes and the possibility of developing uniform rules and the existence of grounds for considering sports disputes in the European Court of Human Rights The author used for this such methods: – induction: based on an analysis of the consideration of sports disputes at the ECHR, it was concluded that the practice does not meet the requirements of the principle of respect for human rights, – deduction: a hypothesis of contradictions is formulated in the framework of the consideration of disputes by sports organizations and judicial institutions, statistical analysis: comparison and generalization of statistical data on the considered cases, – formal legal: analysis of the practice of judicial and quasi-judicial institutions for the consideration of sports cases. As a hypothesis, the thesis is put forward that the existing procedures of sports organizations violate the rights of the individual, justifying this fact with the specifics of such procedures as anti-doping checks, etc.
Thèses sur le sujet "International Court of Justice – Rules and practice"
1
Narayan, Basak Sachindra. « The International Court of Justice and the new-born states ». Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212987.
Texte intégral
2
Nutt, Benjamin Iain. « A search for justice : an analysis of purpose, process and stakeholder practice at the International Criminal Court ». Thesis, University of Plymouth, 2017. http://hdl.handle.net/10026.1/10549.
Texte intégralRésumé :
At the outset the International Criminal Court (ICC) was heralded as a revolution within international society, but it has since found itself at the centre of much controversy and debate. According to the Rome Statute’s Preamble, a broad aim of the ICC is: “to guarantee lasting respect for and the enforcement of international justice”. However, a review of the critical literature surrounding the ICC uncovered a noticeable lack of discussions applying theoretical understandings of justice to neither the Court’s design nor operations; a gap in the literature that the thesis aims to address. Moreover, the review identified that the primary concerns regarding the ICC’s performance all focussed on stakeholder practices. Combining these two observations, the thesis hypothesised that the controversies and issues facing the ICC emerged because the practice of the Court’s primary stakeholders has been incompatible with the demands of justice. In order to test this hypothesis, the thesis analyses the compatibility of the ICC with what the thesis identifies as the core theoretical demands of justice across three areas: purpose, procedure, and stakeholder practice. It does this by building a theoretical framework from the justice literature which is then used to analyse and critique data relating to the ICC’s purposes, procedures and stakeholder practices gathered from empirical observations, interviews, official documents and speeches. The thesis concludes that, for the most part, it is the practice of ICC stakeholders that have been incompatible with the demands of justice, not the Court’s purposes or procedures.
3
Thani, Ahmed Abdulla Farhan. « The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah ». Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.
Texte intégralRésumé :
The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
4
Askew-Renaut, Estelle. « Access to justice for individuals before the European Court of Justice and the Court of First Instance of the European Communities : in line with international human rights law and practice ? » Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437665.
Texte intégral
5
Paccaud, Françoise. « Le contentieux de l'environnement devant la Cour internationale de Justice ». Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3023.
Texte intégralRésumé :
La CIJ en tant qu’organe judiciaire principal des Nations Unies est amenée à connaître de ce type de différend spécifique. En effet, les litiges environnementaux emportent avec eux un certain degré de technicité et font appel à des notions scientifiques particulièrement complexes. La rencontre entre la protection de l’environnement et la CIJ ne pouvait alors que donner lieu à un contentieux particulièrement riche. L’appréhension de ce contentieux par la Cour conduit à s’interroger sur la manière dont cette dernière réceptionne ces litiges. La présente thèse s’intéresse donc aux effets et conséquences résultant du contentieux de l’environnement devant la CIJ. Deux remarques peuvent être formulées : la première concerne le constat d’une intégration progressive des enjeux environnementaux au sein du contentieux international de la CIJ, et la deuxième concerne l’opportunité pour la Cour d’adapter ses règles procédurales. Une adaptation des règles procédurales de la CIJ serait souhaitable. En effet, les enjeux environnementaux tendent à s’intégrer de plus en plus au sein du contentieux international de la CIJ qui contribue de ce fait au développement des règles de droit international de l’environnement. Toutefois, une telle intégration révèle également les limites de la Cour. La Cour pourrait endosser le rôle de juge environnemental, en prenant en considération les spécificités de ce contentieux, notamment par l’adaptation de ses outils procéduraux. Ainsi, c’est une dynamique réciproque qui s’installe entre la Cour et la protection de l’environnement. La préservation de l’environnement est enrichie par la Cour, mais cette dernière pourrait également voir son rôle évoluer grâce à la prise en considération des enjeux environnementaux. La CIJ pourrait alors devenir un véritable juge international de l’environnement dont la communauté internationale manque encoreThe ICJ as the principal judicial organ of the United Nations comes to know of this type of specific dispute. In fact, environmental disputes carry with them a certain degree of technicality and call upon particularly complex scientific notions. The meeting between the protection of the environment and the ICJ could then only give rise to a particularly rich litigation. The Court's apprehension of this kind of litigation raises the question of how the Court deals with these disputes. The present thesis is therefore concerned with the effects and consequences resulting from the environmental litigation before the ICJ.This leads us to two remarks: the first one concerns the phenomenon by which environmental stakes are integrated within international litigation, and, the second one concerns the opportunity for the court to adapt its procedural rules to deal with environmental issues. Indeed, environmental issues tend to be more and more integrated into the international litigation of the ICJ, which contributes to the development of the rules of international environmental law. However, such integration also reveals the limits of the Court. However, the Court could take on the role of an environmental judge, by adapting its procedural tools to the specificities of this particular litigation. Thus, it is a reciprocal dynamic that takes place between the Court and the protection of the environment. The preservation of the environment is enriched by the Court, but the Court could also see its role evolve through the consideration of environmental issues. The ICJ could then become a genuine international environmental judge whose international community is still lacking
6
Kaur, Simranjit. « The Distinction between Jurisdiction and Admissibility in International Investment Law : The Practice in Investment Treaty Arbitration within the Wider Framework of Public International Law, Accounting the Practice of the International Court of Justice ». Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412195.
Texte intégral
7
Enabulele, Amos Osaigbovo. « The relevance of judicial decisions in international adjudications : reflections on Articles 38(1)(d) and 59 of the statute and the practice of the International Court of Justice ». Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/7193.
Texte intégralRésumé :
In classical international law, States alone were the makers and subjects of the law. Times have changed. Contemporary international law admits, not only States as its subjects but also individuals and international organisations; it controls not just the needs of States but also the needs of individuals as it continues to venture into areas which, in the classical era, were exclusively reserved to domestic law. The fact that international law now applies to entities other than States is no longer a subject of controversy both in theory and practice. On the contrary, the question relating to whether international law could originate from a source other than through the consent of States in the positivist sense of the law has remained a question of controversy. The question has been made more complex by the multiplicity of international institutions created by States and vested with authority to perform the functions entrusted to them under international law. The functions they perform influence the behaviours and expectations of both States and individuals; but the powers they exercise belong to the States which delegated the powers. Since the powers are delegated by States, it should follow that the powers be confined by the very fact of delegation to the functions for which the powers had been granted. Such powers cannot be used for any other purpose, perhaps. With this in mind, the question sought to be answered in this work is whether the powers granted to International Court of Justice to “decide disputes” – article 38(1) of the Statute of the Court) – implicates the power of judicial lawmaking. In other words, whether rules and principles arising from the decisions of the Court can be properly referred to as rules and principles of international law. The question becomes quite intriguing when placed within the context of article 38(1)(d) and article 59 of the Statute of the Court on the one hand, and the practice of the Court and of the States appearing before it on the other hand. Articles 38(1)(d) provides: “subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” By article 59: “The decision of the Court has no binding force except between the parties and in respect of that particular case”. Notwithstanding the language of the above provisions, it is shown in this work that like judges in municipal law, judges in the ICJ lay down rules and principles having legal implications for the decisions in subsequent cases as well as for the conduct of States, in general, regarding areas within the degrees of the settled case-law of the Court. It is accordingly argued that to the extent that rules and principles in the decisions of the Court are relevant as rules and principles of international law (in subsequent decisions of the Court) to the determination of international law rights and obligations of States, judicial decisions in article 38(1)(d) are a source of international law. This is notwithstanding the unhelpful language of paragraph (d) and the influence of article 59. Concerning article 59, the writer argues that the article has no bearing on the authority of judicial decisions in article 38(1)(d); its real function being to protect the legal rights and interests of States from a decision given in a case to which they were not parties.
8
Azari, Hadi. « La demande reconventionnelle devant la Cour internationale de justice ». Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020052/document.
Texte intégralRésumé :
La demande reconventionnelle est une conclusion du défendeur qui poursuit des avantages autres que le simple rejet de la prétention du demandeur. Elle peut être introduite dans toutes les juridictions, mais devant la Cour Internationale de Justice elle présente des caractéristiques particulières que notre recherche a souhaité mettre en lumière. Celles-ci apparaissent tant dans les éléments constitutifs de cette demande que dans ses conditions de recevabilité. En ce qui concerne les éléments de sa définition, il ressort de la jurisprudence de la Cour qu’elle est une demande autonome et indépendante, qu’elle est un moyen de défense, qu’elle est formée par le défendeur et qu’elle est une demande incidente. Toutefois, s’il ne fait aucun doute qu’elle constitue une demande autonome, il n’en demeure pas moins que la pertinence de son influence sur le sort de la demande de la partie adverse, l’identification de la partie habilitée à l’introduire en cas de saisine de la Cour par compromis, et sa distinction d’autres demandes réciproques, restent à déterminer. S’agissant des conditions de sa recevabilité, une distinction délicate doit être établie entre la « connexité » requise par l’article 80 du Règlement et la « jonction » de la demande à l’instance en cours. A ce titre une question centrale se pose, celle de savoir si le juge peut refuser une demande reconventionnelle pourtant connexe à l’objet du litige, et inversement, l’accepter quand la connexité fait défaut. Alors que la jurisprudence de la Cour paraît incertaine et la doctrine reste partagée, notre thèse avance des arguments pour une réponse favorableThe counterclaim is the submission of respondent that pursuing objectives other than the mere dismissal of the claim of the applicant in the main proceedings. The counterclaim which the International Court of Justice may entertain by virtue of article 80 of the rules, although similar to those that can be introduced in other jurisdictions, has unique characteristics. This appears in both components of this claim and in its conditions of admissibility. Regarding its definition, if one should not doubt that it constitutes a legal claim, the fact remains that its influence on the fate of the claim of the other party, the identification of the party entitled to present such a claim when the case is brought before the Court by ad hoc compromise, and its distinction from other cross-claims, are to be determined. As regards the conditions of admissibility, after explaining that it must comes within the jurisdiction of the Court and maintain a direct connection with the subject-matter of the claim of the other party, this research emphasizes the distinction between its admissibility under rule 80 and its junction with the current proceeding. The goal is to demonstrate that an claim brought by the defendant may not be attached to the pending proceeding even though the conditions imposed by the rules are met
9
DEVANEY, James Gerard. « The law and practice of fact-finding before the International Court of Justice ». Doctoral thesis, 2014. http://hdl.handle.net/1814/33884.
Texte intégralRésumé :
Defence date: 28 November 2014Examining Board: Professor Martin Scheinin, EUI; Professor Francesco Francioni, EUI; Judge Giorgio Gaja, International Court of Justice; Professor Geir Ulfstein, University of Oslo.
This thesis takes as its starting point a number of significant recent criticisms of the way in which the International Court of Justice (the Court) deals with facts. After examining the Court's substantial fact-finding powers as set out in its Statute and Rules, it is noted that the Court has not made significant use of the fact-finding powers that it possesses, instead preferring to take a reactive approach to fact-finding. It is this reactive approach, largely relying on the parties to put evidence before the Court, which is the subject of recent criticisms both from within the Court itself and from international legal scholarship. Having assessed the merits of these arguments, the thesis takes the position that such criticisms are indeed warranted and that the Court's reactive approach to fact-finding falls short of adequacy both in cases involving abundant, particularly complex or technical facts and in those cases involving a scarcity of facts, such as cases of non-appearance. Subsequently, the thesis undertakes a comparative exercise in order to examine how other relevant inter-state tribunals conduct fact-finding. Drawing on the practice of other tribunals, namely the adjudicative bodies of the World Trade Organization and a number of recent inter-state arbitrations, the thesis then makes a number of select proposals for reform which, it is argued, will enable the Court to address some of the current weaknesses in its approach to fact-finding and better ensure factual determinations that are as accurate as they can possibly be within the judicial process. Such proposals include (but are not limited to) the development of a power to compel the disclosure of information, greater use of provisional measures and a clear strategy for the use of expert evidence.
10
JACOBS, Dov. « (Re)thinking hybridity studies in hybrid tribunals and international criminal justice ». Doctoral thesis, 2014. http://hdl.handle.net/1814/32091.
Texte intégralRésumé :
Defence date: 26 June 2014Examining Board: Professor Pierre-Marie Dupuy (EUI Supervisor) Professor Francesco Francioni, EUI Professor William Schabas, Middlesex University Professor Salvatore Zappalà, University of Catania.
This PhD proposes an analysis of what it means to talk of "hybrid” tribunals as a legal category. This category traditionally covers the tribunals that were set up in the early 2000s in particular contexts with both international and domestic elements (East Timor, Kosovo, Sierra Leone, Cambodia, Bosnia, Irak and Lebanon). Through a discussion of the features of the main hybrid tribunals, and a specific focus on the Special Tribunal for Lebanon, the most recent and most notable in some of its features (such as the mode of creation, the applicable law or its procedural framework) the main conclusion of the research is that "hybrid” cannot in fact be defined as a legal category, these tribunals, in light of their mode of creation, being either international or domestic. Moving on from there, the PhD suggests a more elaborate categorisation of all international tribunals through the introduction of a new model based on the "levels of internationality”, which allows to think the diversity of these tribunals in a more subtle way in their interaction with national authorities. Having done this, the PhD moves into a discussion of two thematic case studies, that of the interaction between various tribunals and amnesties and the interaction between tribunals and truth commissions, notably in two situations where the question arose, East Timor and Sierra Leone. Finally, the conclusion moves the discussion away from the strictly legal dimensions of the discussions into broader questions relating to the interaction between legal orders in a globalised world. Ultimately, the key question that is raised by the PhD is that of the transformation of sovereignty, which, it is argued remains a necessary concept to comprehend the structures of legal orders, rather than a concept to be opposed as being too archaic.
Livres sur le sujet "International Court of Justice – Rules and practice"
1
translator, Perry Alan (Lawyer), dir. The International Court of Justice. Oxford : Hart Publishing, 2013.
Trouver le texte intégral
2
The International Court of Justice. Oxford : Hart Publishing, 2013.
Trouver le texte intégral
3
Justice, Caribbean Court of. The Caribbean Court of Justice (original jurisdiction) rules 2006. [Port of Spain] : Caribbean Court of Justice, 2006.
Trouver le texte intégral
4
Brendan, Plant, dir. Evidence before the International Court of Justice. London : British Institute of International and Comparative Law, 2009.
Trouver le texte intégral
5
Aranguren, Juan José Quintana. Litigation at the International Court of Justice : Practice and procedure. Leiden, The Netherlands : Brill Nijhoff, 2015.
Trouver le texte intégral
6
The International Criminal Court and the transformation of international law : Justice for the new millennium. Ardsley, N.Y : Transnational Publishers, 2002.
Trouver le texte intégral
7
Carić, Slavko. Savetodavna mišljenja u međunarodnom pravosuđu. Beograd : Pravni fakultet Univerziteta UNION, 2009.
Trouver le texte intégral
8
Ford, Jolyon. Bringing fairness to international justice : A handbook on the International Criminal Court for defence lawyers in Africa. Tshwane (Pretoria), South Africa : Institute for Security Studies, 2009.
Trouver le texte intégral
9
Institute for Security Studies (South Africa), dir. Bringing fairness to international justice : A handbook on the International Criminal Court for defence lawyers in Africa. Tshwane (Pretoria), South Africa : Institute for Security Studies, 2009.
Trouver le texte intégral
10
The reparation system of the International Criminal Court : Its implementation, possibilities and limitations. Boston : Martinus Nijhoff Publishers, 2010.
Trouver le texte intégralChapitres de livres sur le sujet "International Court of Justice – Rules and practice"
1
Forlati, Serena. « The ICJ’s Power to Adopt Rules of Court and Practice Directions ». Dans The International Court of Justice, 23–30. Cham : Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06179-5_3.
Texte intégral
2
Zhang, Kaiqiang. « Challenges of Arbitrators in Inter-State Cases : A Different Cattle of Fish ? » Dans Cofola International 2021, 235–74. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-9.
Texte intégralRésumé :
Compared to those in international commercial and investment arbitration, arbitrator-challenge practi-ces in inter-state cases are abnormally rare. The reasons behind the asymmetric practices include the ideology towards the role of arbitrators (authority vs. expertise), the effectiveness of enforcement (whether the award can be executed in domestic courts or whether there exist preconditions), and the unique structure and function of the specific tribunals. By virtue of illustrating the rules and practi-ces of the ad hoc tribunal established under Annex VII of the United States Convention on the Law of the Sea, the Iran-United States Claims Tribunal, and the International Court of Justice, the current standard, “justifiable doubts to the impartiality and independence of arbitrators”, is not interpreted uniformly and somehow unreasonable. To overcome the phenomenon of fragmentation and other problems, the arbitrator-challenge rules in inter-state disputes should not be treated differently and should be harmonized with rules and case laws developed in international commercial and investment arbitration.
3
McGarry, Brian. « Nicaragua’s Impacts on Optional Clause Practice ». Dans Nicaragua Before the International Court of Justice, 179–211. Cham : Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62962-9_8.
Texte intégral
4
Kovács, Péter. « Interim Measures in the Practice of the International Court of Justice and the International Criminal Court ». Dans Provisional Measures Issued by International Courts and Tribunals, 147–70. The Hague : T.M.C. Asser Press, 2020. http://dx.doi.org/10.1007/978-94-6265-411-2_8.
Texte intégral
5
Jacobs, Francis G. « Interim Measures in the Law and Practice of the Court of Justice of the European Communities ». Dans Interim Measures Indicated by International Courts, 37–68. Berlin, Heidelberg : Springer Berlin Heidelberg, 1994. http://dx.doi.org/10.1007/978-3-662-03017-2_2.
Texte intégral
6
Thorsteinsdóttir, Halldóra. « Globalisation and Court Practice in Iceland : New Case Law of the Supreme Court in Relation to the EEA Agreement and European Convention on Human Rights ». Dans Ius Gentium : Comparative Perspectives on Law and Justice, 151–65. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_9.
Texte intégralRésumé :
AbstractThis article examines the status of international treaties in Iceland law and how Icelandic court practice has developed in recent years in that area. With regard to the relationship between domestic law and international law, Iceland adheres to the principle of dualism. This means that international law does not come into force as Icelandic law unless implemented by the legislator. As a result, Icelandic Courts will not, in general, apply provisions of international treaties unless they have been incorporated into Icelandic statutory law. However, this does not mean that international obligation are not fulfilled, as Icelandic Courts will seek to interpret domestic law in line with international obligation to the extent possible. If an international treaty has been implemented into Icelandic law, its provisions are binding like other domestic law. With regard to the EEA Agreement, Icelandic Courts will seek to interpret national law in accordance with EEA obligations and follow the judgments of the EFTA Court if the Icelandic provision in question is open to such an interpretation. With regard to the European Convention on Human Rights, Icelandic Courts will even go a step further, as recent judgments show that Icelandic Courts tend to interpret the human rights provisions of the Icelandic Constitution in line with interpretation laid down by The European Court of Human Rights, even in cases where such an interpretation does not exactly fit within the direct wording of the provision in question. This is due to a special connection between the human rights chapter of the Icelandic Constitution and the Convention, as one of the legislators’ main goals when amending the Constitution in 1994 was to bring the human rights chapter more in line with the Convention.
7
« Courts and Tribunals of General Jurisdiction The International Court of Justice ». Dans The Rules, Practice, and Jurisprudence of International Courts and Tribunals, 9–35. Brill | Nijhoff, 2012. http://dx.doi.org/10.1163/9789004194830_003.
Texte intégral
8
de Stefano, Carlo. « Attribution in Public International Law ». Dans Attribution in International Law and Arbitration, 27–95. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.003.0003.
Texte intégralRésumé :
Chapter II illustrates the application of attribution rules in public international law, as resulting from the early arbitral practice, the decisions of the Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ) and the awards of the Iran–US Claims Tribunal, and eventually codified by ARSIWA. Accordingly, it explains the tests for attribution of conduct of State organs (de jure and de facto) under ARSIWA Article 4, ‘State entities’ under ARSIWA Article 5, and individuals under ARSIWA Article 8. The rule of attribution of acts ultra vires under ARSIWA Article 7 is also analysed, which applies to the conduct of State organs and ‘State entities’, but not of (private) individuals.
9
Lawson, Stephanie. « 8. International Law ». Dans Global Politics, 173–97. Oxford University Press, 2021. http://dx.doi.org/10.1093/hepl/9780198844327.003.0008.
Texte intégralRésumé :
This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.
10
Meron, Theodor. « The Rule of Law, the Principle of Legality and Due Process ». Dans Standing Up for Justice, 69–102. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863434.003.0004.
Texte intégralRésumé :
This chapter evaluates the rule of law, the principle of legality and due process. The creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the early 1990s marked the dawn of a new era in international law and opened the way for the founding of a host of international and hybrid criminal tribunals, including the world’s first permanent International Criminal Court (ICC). Over nearly three decades, these international criminal tribunals have not only demonstrated that just and fair trials of some of the worst crimes imaginable are possible, they have also striven to serve as an embodiment of rule of law ideals—as highly visible examples of rule of law principles put into practice. The chapter then looks at the legality principle and due process. The legality principle, as enshrined in the principal conventions on human rights, is a basic component of the rule of law and serves as a fundamental check on the ability of courts to push the progressive development of the law, no matter how much the Judges of that court might believe that certain conduct deserves punishment.
Actes de conférences sur le sujet "International Court of Justice – Rules and practice"
1
Умарова, Мадина Алиевна. « UN INTERNATIONAL COURT PRACTICE : ACHIEVEMENTS AND CHALLENGES ». Dans Образование. Культура. Общество : сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.94.35.019.
Texte intégralRésumé :
В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.
2
Bordakova, A. G. « Principles Of Justice And Equality, Their Relation To The Rules-Exceptions ». Dans 18th International Scientific Conference “Problems of Enterprise Development : Theory and Practice”. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.04.121.
Texte intégral
3
Li, Keshu, et Meixia Shi. « Direct Application of World Trade Organization Rules : By European Court of Justice in European Union Law ». Dans Proceedings of the Third International Conference on Economic and Business Management (FEBM 2018). Paris, France : Atlantis Press, 2018. http://dx.doi.org/10.2991/febm-18.2018.51.
Texte intégral
4
Gaile, Džeina. « Tiesiskās vienlīdzības principa izpratne publiskajā iepirkumā iesniegta piedāvājuma trūkumu izvērtēšanā ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.10.
Texte intégralRésumé :
In this article, the author analyses the understanding of the principle of legal equality in public procurement in the context of tender clarification, based on the case law of the Court of Justice of the European Union and the Supreme Court of the Republic of Latvia. This important principle is implemented by equal and clear procurement rules followed by both tenderers and contracting authorities. Therefore, it is not allowed to substantially amend a tender after its submission, and a general overview of requirements resulting from it is provided.
5
Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.
Texte intégralRésumé :
At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
6
Tavits, Gaabriel. « Protection of the Weaker Party – to Whom is Labour Law Still Applicable ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.33.
Texte intégralRésumé :
National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.
7
Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
Texte intégralRésumé :
COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
8
Drventić, Martina. « COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18323.
Texte intégralRésumé :
While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a “grave risk” to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.
9
Bartulović, Željko, et Dejan Bodul. « POLOŽAJ RAZLUČNIH VJEROVNIKA U POSTUPKU STEČAJA POTROŠAČA ». Dans 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.835b.
Texte intégralRésumé :
Croatia has a long legal tradition of bankruptcy proceedings over the assets of natural persons. Hence, from a historical perspective, such institute is not terra incognita in Croatian legislation. Nevertheless, only at 1 January 2016, in the legal order of the Republic of Croatia, along with the "classic" bankruptcy proceedings (pre-litigation procedure, liquidation bankruptcy proceedings, bankruptcy, personal bankruptcy, international bankruptcy, bankruptcy proceedings of the debtor's debtor, automatic bankruptcy, shortened bankruptcy proceedings a bankruptcy procedure of small value) the legislator implemented consumer bankruptcy proceedings. Rules on consumer bankruptcy proceedings are governed by the provisions of the Consumer Bankruptcy Act, whose general provisions point out on the lex generali provisions of the Bankruptcy Act and therefore the rules on secured creditors (separatistae ex jure crediti). The aim of the paper is to present and analyse the position of secured creditors, as privileged creditors, in the process of consumer bankruptcy. The complexity of the subject and the set tasks required a choice of methods, so authors used methodological approach, which included a historical methodological approach, a study of domestic and foreign literature, appropriate legal regulations, and analysis of jurisprudence. The paper will also analyse the practice of the European Court of Human Rights in the proceedings in accordance with Art. 8. Of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life), as we believe that this can be important for understanding the issues of work. For comparison and possible de lege ferenda suggestions for the Serbian legislator, the analysis of Croatian solutions regarding the position of the secured creditor in the process of consumer bankruptcy is important as it indicates whether the potential implementation and application of such model will achieve its purpose and give the expected results.
10
Бардин, Лев, et Lev Bardin. « On the issue of the right to provide legal assistance ». Dans St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва : INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.
Texte intégralRésumé :
The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal.
Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.