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Assessing the Effectiveness of International Courts: A Goal-Based Approach
- Y. Shany
- Political ScienceAmerican Journal of International Law
- 1 April 2012
During the last twenty years, the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. These occurrences have…
The Competing Jurisdictions of International Courts and Tribunals
- Y. Shany
- Law
- 29 May 2003
INTRODUCTION PART I OVERLAPS BETWEEN THE JURISDICTIONS OF INTERNATIONAL COURTS AND TRIBUNALS 1. What Constitutes Competing Proceedings? 2. Delineation of Jurisdictional Overlaps: Theory and Practice…
Living in Denial: The Application of Human Rights in the Occupied Territories
- Orna Ben-Naftali, Y. Shany
- Political Science, LawIsrael Law Review
- 2003
Abstract Are human rights norms applicable to occupied territories in general, and to the West Bank and the Gaza Strip in particular? The article examines the controversy that had arisen between…
Toward a General Margin of Appreciation Doctrine in International Law
- Y. Shany
- Law
- 1 November 2005
Three recent International Court of Justice decisions - Oil Platforms, Avena and Wall in the Occupied Palestinian Territory - highlight the uncertain status of the margin of appreciation doctrine in…
No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary
- Y. Shany
- Law
- 1 February 2009
The article assesses some of the theoretical and practical implications arising out of some recent changes in the field of international dispute settlement: the rise in the number of international…
A Development of Modest Proportions: The Application of the Principle of Proportionality in the Targeted Killings Case
- Amichai Cohen, Y. Shany
- Law
- 1 May 2007
The comment critically discusses the application of the principle of proportionality by the Israeli Supreme Court in the Targeted Killings case. While the judgment confirms the customary status of…
The Quest for World Order and Human Dignity in the Twenty-First Century: Constitutive Process and Individual Commitment. By W. Michael Reisman. Leiden, Boston: Brill, 2013. Pp. 487. $25, €18.
- Y. Shany
- Political ScienceAmerican Journal of International Law
- 1 January 2014
that it may help spur change ultimately supported by political branches and states. In both instances, judicial initiative—notably with the implicit or explicit support of the forum state’s executive…
Assessing the Effectiveness of International Courts
- Y. Shany
- Chemistry
- 30 March 2014
PART I: THE GOAL-BASED APPROACH PART II: APPLICATION OF THE GOAL-BASED APPROACH TO JUDICIAL FUNCTIONS AND FEATURES PART III: APPLICATION OF THE GOAL-BASED APPROACH TO SPECIFIC COURTS
Contract Claims vs. Treaty Claims: Mapping Conflicts Between Icsid Decisions on Multisourced Investment Claims
- Y. Shany
- LawAmerican Journal of International Law
- 1 October 2005
Three recent ICSID cases - Vivendi, SGS v. Pakistan, and SGS v. Philippines - have exposed some of the more difficult theoretical and practical uncertainties underlying modern international…
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