Dário
MOURA VICENTE
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
Contributors
Manuel de Almeida Ribeiro, Foreword
Manuel de Almeida Ribeiro, Foreword
I. The Growing Role of International Courts and Jurisdictions: The Permanent
Court of International Justice, the International Court of Justice, and Beyond
2. Miguel de Serpa Soares, From Absence to Abundance: Tracing the Development and Impact of
International Courts
3. Rita Teixeira & Ricardo Bastos, The Cases where the International Court of Justice lacked Jurisdiction: a
Brief Analysis and Commentary
4. Dimitra Papageorgiou & Eva Tzavala, Energy at Sea and the Jurisprudence of the International Court of Justice
II. International Inspection and Control Mechanisms
5. Fernando Loureiro Bastos, An Overview of the International Inspection and Control Mechanisms 6. José Cunha Rodrigues, The UEFA Financial Control Body
III. European and Other Regional Courts of Human Rights
7. Ireneu Cabral Barreto, Introduction
8. Paulo Pinto de Albuquerque, The European Court of Human Rights as the European Constitutional Court
9. José Pina Delgado, The African Court on Human and People's Rights and its Position in the
International and African Architectures
10. Laura-Maria Craciunean, Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges
11. Adriana Ramos Costa & Eleonora Mesquita Ceia, The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court
12. Francesca Capone, Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights
13. Ondřej Svaček, International Criminal Court and Human Rights: Achievements and Challenges
14. Alex Ian Psarski Cabral, Cristiane Helena de Paula Lima Cabral & Mário Lúcio Quintão Soares, The Reception of the Inter-American Human Rights System in Brazil in Light of Penal Action no. 470
10. Laura-Maria Craciunean, Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges
11. Adriana Ramos Costa & Eleonora Mesquita Ceia, The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court
12. Francesca Capone, Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights
13. Ondřej Svaček, International Criminal Court and Human Rights: Achievements and Challenges
14. Alex Ian Psarski Cabral, Cristiane Helena de Paula Lima Cabral & Mário Lúcio Quintão Soares, The Reception of the Inter-American Human Rights System in Brazil in Light of Penal Action no. 470
IV. Dispute Resolution Mechanisms Concerning International Trade and Investment,
in particular within WTO and ICSID
15. Dário Moura Vicente, Investor-state Dispute Settlement in the European Perspective: Recent
Developments
16. Alejandro Carballo, Dispute Resolution under the Energy Charter Treaty
17. Ozge Varis, Understanding the interaction between the WTO regime and international investment regime: reversing the approach
18. Sadie Blanchard, Legal Certainty During EU Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect?
19. Carmen Alexandra Saugar Koster, Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID. A Dual Coverage in the Services Sector
20. Paolo Davide Farah & Elena Cima, The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-In Tariffs
21. Emily Sipiorski, Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law
22. Jerzy Menkes & Magdalena Słok-Wódkowska, Challenges of “investor-state dispute settlement mechanism” in TTIP
24. Tatjana Shterjova, The Challenges of Taking Evidence in International Commercial Arbitration: The Problem of Legal Privileges
26. Maria José Rangel de Mesquita, The Court of Justice of the European Union
27. Joana Covelo de Abreu, Infringement Procedure and the Court of Justice as an EU law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection
28. Mateus Kowalski & Sofia Machado, The United Nations Sanctions Regimes and a Judicialized European Union Perspective
16. Alejandro Carballo, Dispute Resolution under the Energy Charter Treaty
17. Ozge Varis, Understanding the interaction between the WTO regime and international investment regime: reversing the approach
18. Sadie Blanchard, Legal Certainty During EU Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect?
19. Carmen Alexandra Saugar Koster, Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID. A Dual Coverage in the Services Sector
20. Paolo Davide Farah & Elena Cima, The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-In Tariffs
21. Emily Sipiorski, Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law
22. Jerzy Menkes & Magdalena Słok-Wódkowska, Challenges of “investor-state dispute settlement mechanism” in TTIP
V. International Commercial Arbitration
23. Luís de Lima Pinheiro, The Confluence of Transnational Rules and National Directives as the Legal
Framework of Transnational Arbitration24. Tatjana Shterjova, The Challenges of Taking Evidence in International Commercial Arbitration: The Problem of Legal Privileges
VI. The Court of Justice of the European Union
25. Fausto de Quadros, Introduction26. Maria José Rangel de Mesquita, The Court of Justice of the European Union
27. Joana Covelo de Abreu, Infringement Procedure and the Court of Justice as an EU law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection
28. Mateus Kowalski & Sofia Machado, The United Nations Sanctions Regimes and a Judicialized European Union Perspective
VII. Domestic Courts as International Jurisdictions?
29. Catherine Kessedjian, Introduction
30. Peter Trooboff, Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations
31. Rui Pereira Dias, Corporate Group Structures and the Limits of Personal Jurisdiction. US/European comparative remarks
32. Humberto Cantú-Rivera, Towards Judicial Accountability in the Business & Human Rights Field?
Index
30. Peter Trooboff, Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations
31. Rui Pereira Dias, Corporate Group Structures and the Limits of Personal Jurisdiction. US/European comparative remarks
32. Humberto Cantú-Rivera, Towards Judicial Accountability in the Business & Human Rights Field?
VIII. Postscript
33. Miguel Poiares Maduro, The Judicial and Constitutional Challenges of Legal GlobalisationIndex
Dário MOURA VICENTE, Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, Leiden, Brill/Nijhoff, 2016 (572 pp.)
Dário Manuel Lentz de Moura Vicente, born in Lisbon, Portugal, in 1962, is Professor of Private
International Law, Comparative Law and Civil Law at the Faculty of Law of the
University of Lisbon, where he obtained his PhD in Law and whose Institute for
Juridical Cooperation he chairs. He was a Visiting Professor at The Hague
Academy of International Law, the Paris V University, the Complutense
University in Madrid and the Urbino University. He has also taught extensively
in other Portuguese-speaking countries.
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