- Vienna, Wien, Austria
This chapter discusses Immanuel Kant’s notion of jurisdiction. Kant’s work contains several thoughts and ideas on the scope of regulatory state activities that may well be read as pertaining to the exercise of imperium in the sense of... more
This chapter discusses Immanuel Kant’s notion of jurisdiction. Kant’s work contains several thoughts and ideas on the scope of regulatory state activities that may well be read as pertaining to the exercise of imperium in the sense of jurisdiction how it is commonly used today. In his philosophical sketch on Perpetual Peace, Kant proceeded from a traditional understanding of jurisdiction as coexistence between states as a cornerstone of international law. In this traditional view, jurisdiction is nothing more than a reasonable mutual delimitation of jurisdictional spheres based on territoriality or personality. Yet, at the same time, he also developed a visionary idea of cosmopolitan law which would significantly affect the traditional rules of jurisdiction, especially the personality principle through the emergence of individual rights. Kant’s approach thus foreshadowed a development towards an anthropocentric international legal order epitomized by the concepts of human rights and...
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... of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations (former director of the Department); also teaches international and European law at the Vienna Diplomatic... more
... of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations (former director of the Department); also teaches international and European law at the Vienna Diplomatic Academy; the Strobl Summer School of ...
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Domestic authorities, including national courts, at times, resist accepting the decisions of international courts and tribunals. The formal division between the national and international legal orders creates space for domestic... more
Domestic authorities, including national courts, at times, resist accepting the decisions of international courts and tribunals. The formal division between the national and international legal orders creates space for domestic authorities to contest or avoid international binding judicial decisions. The present special issue examines domestic contestations in multiple fields of international law, including human rights and investment law. In contesting some of the international decisions, domestic authorities invoke a wide range of legal bases in resisting the effect of international decisions. The contributions in the present issue examine various such argumentative bases of contestations. The contributions also consider whether domestic resistance could give rise to the opportunity for international courts and tribunals to critically reflect on their own decisions and underlying reasoning.
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Connie Peck & Roy S. Lee, Increasing the Effectiveness of the International Court of Justice. Proceedings of thc ICJ/UNITAR Colloquium to Celebrate the 50th Anniversary of the Court, Martinus Nijhoff Publishers/UNITAR, The Hague / London / Boston 1997, xvi+542 pp., ISBN 90-411-0306-6, EUR 140.00 ...more
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InetaZiemele,Baltic Yearbook of International Law.Brill/Martinus Nijhoof, Leiden Volume 1: ISBN-10: 90-411-1736-9, ISBN-13: 978-9041117-36-6, 2001, 352 pp., EUR 223.00/USD 300.00 Volume 2: ISBN-10: 90-411-1959-0, ISBN-13: 978-9041119-59-9, 2002, 304 pp., EUR 223.00/USD 300.00 Volume 3: ISBN-10: 9...more