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Jurisdiction of International Tribunals
Author:
This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations.
This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.
This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.
C.F.Amerasinghe is a Ph.D.and LL.D. of the University of Cambridge and is a Member of the Institut de droit international. He was a member of the UN Administrative Tribunal, New York and a member of the Commonwealth Secretariat Arbitral Tribunal. He has also been, inter alia, a Professor and Honorary Professor of Law of the University of Ceylon.
'[T]he monograph advances a quite original view on jus cogens in relation to the jurisdiction of international tribunals...[It is] a valuable, original, comprehensive, and timely addition to existing literature. It will be useful to those who are interested in this field, and is likely to retain its relevance for some time to come.'
British Year Book of International Law, 2003 Volume 74.
'His systematic analysis of the practice of the main international tribunals relating to jurisdiction offers [...] a comprehensive and therefore renewed understanding of a fundamental notion of international law.'
Mathias Forteau, The Law and Practice of International Courts and Tribunals, 2004.
British Year Book of International Law, 2003 Volume 74.
'His systematic analysis of the practice of the main international tribunals relating to jurisdiction offers [...] a comprehensive and therefore renewed understanding of a fundamental notion of international law.'
Mathias Forteau, The Law and Practice of International Courts and Tribunals, 2004.
Table of Cases.
Abbreviations.
Part I: Introductory.
1. International Adjudicatory Dispute Settlement - Nature and Development.
Part II: General Principles.
2. Meaning of Jurisdiction in International Juridical Usage.
3. Consent as the Basis of Jurisdiction of International Tribunals.
4. Interpretation of Clauses Submitting to Jurisdiction.
5. La compétence de la compétence.
6. Competence - The Constitution of the Tribunal.
7. Competence to Settle Disputes.
8. Admissibility.
9. Incidental Jurisdiction.
10. Jurisdiction vis-à-vis Remedies.
11. Jurisdiction to Reopen Cases.
12. Advisory Jurisdiction.
Part III: Specific Tribunals.
13. The Permanent of International Justice and the International Court of Justice.
14. Arbitral Tribunals of the International Centre of Settlement of Investment Disputes.
15. International Administrative Tribunals.
16. The European Commission and Court of Human Rights.
17. The Court of Justice of the European Communities.
Index.
Abbreviations.
Part I: Introductory.
1. International Adjudicatory Dispute Settlement - Nature and Development.
Part II: General Principles.
2. Meaning of Jurisdiction in International Juridical Usage.
3. Consent as the Basis of Jurisdiction of International Tribunals.
4. Interpretation of Clauses Submitting to Jurisdiction.
5. La compétence de la compétence.
6. Competence - The Constitution of the Tribunal.
7. Competence to Settle Disputes.
8. Admissibility.
9. Incidental Jurisdiction.
10. Jurisdiction vis-à-vis Remedies.
11. Jurisdiction to Reopen Cases.
12. Advisory Jurisdiction.
Part III: Specific Tribunals.
13. The Permanent of International Justice and the International Court of Justice.
14. Arbitral Tribunals of the International Centre of Settlement of Investment Disputes.
15. International Administrative Tribunals.
16. The European Commission and Court of Human Rights.
17. The Court of Justice of the European Communities.
Index.
