Felix Fouchard's Books

The Standard of Review before the International Court of Justice

Between Principle and Pragmatism

By: Felix Fouchard

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The Standard of Review before the International Court of Justice

Between Principle and Pragmatism

By: Felix Fouchard

This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

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Page Count

286

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509971319

ISBN 13

9781509971312

"Soft Law" in International Commercial Arbitration

By: Felix Dasser

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"Soft Law" in International Commercial Arbitration

By: Felix Dasser

This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

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Page Count

300

Publisher

BRILL

Published Date

ISBN 10

9004462902

ISBN 13

9789004462908

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

A Comparative Analysis

By: Felix Sparka

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

A Comparative Analysis

By: Felix Sparka

Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

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Page Count

294

Publisher

Springer Science & Business Media

Published Date

ISBN 10

3642102220

ISBN 13

9783642102226

The Standard of Review before the International Court of Justice

Between Principle and Pragmatism

By: Felix Fouchard

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The Standard of Review before the International Court of Justice

Between Principle and Pragmatism

By: Felix Fouchard

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

286

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509971319

ISBN 13

9781509971312

Book's by Felix Fouchard

The Standard of Review before the International Court of Justice

The Standard of Review before the International Court of Justice

"Soft Law" in International Commercial Arbitration

"Soft Law" in International Commercial Arbitration

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

The Standard of Review before the International Court of Justice

The Standard of Review before the International Court of Justice

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