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150 results

Page 1 of 8

  • 3 - Procedural Convergence in International Courts and Tribunals

  • Edited by Chiara Giorgetti, University of Richmond, Mark Pollack, Temple University, Philadelphia
  • Book:
    Beyond Fragmentation
    Published online:
    28 April 2022
    Print publication:
    12 May 2022, pp 87-112

  • Summary

    No governing international text or generally accepted doctrine defines the procedure to be applied by international courts and tribunals. Yet these institutions’ tasks pose common challenges: providing notice of a dispute, defining its nature and scope, determining the legal rules, marshalling and assessing evidence, finding facts and applying legal rules to them, and then recording and communicating the result. There often is substantial similarity – indeed, convergence – in how courts and tribunals go about these tasks. This chapter examines some of the factors and institutions that contribute to this procedural harmonization among institutions dealing with disputes between parties from different countries and legal cultures. It looks at the shared historical foundations of important procedural practices, the influence of intergovernmental and nongovernmental organizations, the roles individuals sometimes play in transmitting “legal technology” between institutions, and the effect of competition among institutions seeking to meet the needs of their “customers.” It also notes areas where procedure can diverge, as users look for new ways to address procedural problems.

  • Remarks by John R. Crook

  • John R. Crook
  • Journal:
    Proceedings of the ASIL Annual Meeting / Volume 116 / 2022
    Published online by Cambridge University Press:
    24 March 2023, pp. 54-57
    Print publication:
    2022

  • Our panel is looking at the complex interactions between individuals and the processes for creating and applying international law. How do individual actions lead to state-state disputes? How do the rules and procedures for resolving these disputes impact affected people? As the panel notes says, the idea is to address a vital question: “what about me?”

  • Dual Hats and Arbitrator Diversity: Goals in Tension

  • Part of
  • John R. Crook
  • Journal:
    AJIL Unbound / Volume 113 / 2019
    Published online by Cambridge University Press:
    16 September 2019, pp. 284-289
    • Article
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  • This essay outlines a quandary facing international investment dispute settlement (IIDS): the tension between the wish to curb “dual hatting” and the wish to increase the diversity of those appointed as arbitrators in IIDS cases. Thoughtful observers are concerned by the effect on IIDS, either in fact or as a matter of appearance, of lawyers who wear “dual hats”—one as arbitrator in IIDS cases, and a second as counsel representing clients in other IIDS matters. Concurrently, other thoughtful observers are concerned that appointments to IIDS predominantly go to a small cadre of established arbitrators caricatured as “pale, male and stale.” This concern has prompted efforts to increase the pool of female and minority arbitrators. However, these individuals would be drawn primarily from the ranks of younger practicing lawyers who must continue to practice unless and until they receive sufficient appointments to make full-time service as arbitrators economically feasible.

Magna Carta and the England of King John
  • With contributions by James A. Brundage , David Crook , David Crouch , John B. Gillingham , Barbara A. Hanawalt , John Hudson , James Masschaele and R. V. Turner
  • Edited by Janet S. Loengard
  • Published by:
    Boydell & Brewer
    Published online:
    28 April 2017
    Print publication:
    17 June 2010
  • Magna Carta marked a watershed in the relations between monarch and subject and as such has long been central to English constitutional and political history. This volume uses it as a springboard to focus on social, economic, legal, and religious institutions and attitudes in the early thirteenth century. What was England like between 1199 and 1215? And, no less important, how was King John perceived by those who actually knew him? The essays here analyse earlier Angevin rulers and the effect of their reigns on John's England, the causes and results of the increasing baronial fear of the king, the "managerial revolution" of the English church, and the effect of the ius commune on English common law. They also examine the burgeoning economy of the early thirteenth century and its effect on English towns, the background to discontent over the royal forests which eventually led to the Charter of the Forest, the effect of Magna Carta on widows and property, and the course of criminal justice before 1215. The volume concludes with the first critical edition of an open letter from King John explaining his position in the matter of William de Briouze.

    Contributors: Janet S. Loengard, Ralph V. Turner, John Gillingham, David Crouch, David Crook, James A. Brundage, John Hudson, Barbara Hanawalt, James Masschaele

  • Remarks by John R. Crook

  • John R. Crook
  • Journal:
    Proceedings of the ASIL Annual Meeting / Volume 111 / 2017
    Published online by Cambridge University Press:
    28 March 2018, pp. 97-100
    Print publication:
    2017

  • John Crook's remarks highlighted key recurring problems faced by mass claims programs. His remarks drew on his personal experience, but also on the writings of experts who have designed and administered mass claims programs, notably Dr. Norbert Wühler, whose visa apparently fell victim to “extreme vetting” because of his work for the International Organization for Migration (IOM) on a mass claims program in Iraq.

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