Esta dissertação tem por objetivo analisar a relação dos tribunais internacionais com o Poder Judiciário brasileiro. O estudo demonstra como o Direito Internacional evoluiu na solução pacífica de controvérsias até sua jurisdicionalização e como esse processo deu origem aos tribunais internacionais. Delimita, também, o conceito de tribunais internacionais e discorre sobre questões que envolvem a jurisdição internacional, a jurisprudência e a relação com os direitos internos. Aponta, ainda, as decisões judiciais internacionais que surtem efeitos externos e devem ser observadas e executadas pelos Estados. Ademais, demonstra a importância dos judiciários internos para a plena efetivação dessas decisões e descreve os mecanismos de comunicação utilizados para isso. Por fim, discute a atuação do Poder Judiciário brasileiro quando em face de decisões judiciais internacionais, observando a aplicação desses mecanismos de comunicação / The present dissertation aims to analyze the relations between international courts and the Brazilian Judiciary Power. It shows how international law evolved on peaceful settlement of disputes to its jurisdictionalisation and how this process gave origin to international courts. It delimits the concept of international courts and treats questions about international jurisdiction, international jurisprudence and the relation with municipal laws. It points out which international judicial decisions emanate external effects and ought to be enforced and executed by the States. It shows the importance of domestic judiciaries to the plain effectiveness of those decisions and describes the mechanisms of communication applied for it. Finally, it discusses the role of Brazilian Judiciary Power when dealing with international judicial decisions observing the application of the mentioned mechanisms of communication.

Šiame magistro baigiamajam darbe nagrinėjama dviejų teismų – Tarptautinio teisingumo teismo ir Europos teisingumo teismo daroma įtaka tarptautinių teisės normų kūrimui. Tarptautinė teisė šiuo metu apima labai plačias ir sudėtingas tarptautinio pobūdžio sferas. Tačiau tarptautinėje teisėje nėra institucijos, kuri priimtų visuotinai privalomus tarptautinius teisės aktus. Šioje sistemoje tarptautinės teisės subjektai patys kuria tarptautines teisės normas ir principus, ir patys jų laikosi. Nemažą, nors ir netiesioginę įtaką kuriant bei plėtojant tarptautinės teisės normas turi ir tarptautiniai – pasauliniai bei regioniniai – teismai. Daugeliu atvejų minėtų tarptautinių teismų priimami sprendimai turėjo įtakos sprendžiant panašias bylas ir ateityje bei įtvirtinant tarptautinius visuotinai pripažįstamus teisės principus. Be to, tiek Tarptautinis teisingumo teismas, tiek Europos teisingumo teismas ne tik sprendžia ginčus tarp šalių, bet taip pat „užpildo“ egzistuojančias parlamentinės kontrolės spragas. / Influence on creation of international law rules by two courts – the International Court of Justice and the European Court of Justice is analyzed in this master’s final job. The international law covers wide and difficult range of the international spheres. But there is no institution in the international law, which would enact the international acts. Subjects themselves create law rules and principles at the same time sticking to them. The international courts – global and regional have quite big although indirect influence on development of the international law rules. In many cases, judgments made by the international courts, had the influence on solving similar cases in the future and on assessing internationally conventional law principles. Furthermore the International Court of Justice and the European Court of Justice not only solve issues between sides, but also “fill” the gap in the parliamentary control.

Thesis (Ph. D.)--Ohio State University, 2009. / Title from first page of PDF file. Includes vita. Includes bibliographical references (p. 241-271).

L.LM. (International Commercial Law) / This dissertation, properly speaking, deals only with the recognition of foreign monetary judgments. In common parlance, however, the terms ‘recognition’ and ‘enforcement’ have blended, with “enforcement” being used more commonly to refer to “recognition” than the term recognition is. Throughout this paper, the terms will be used interchangeably to refer to the classic concept of recognition; that is to say the circumstances in which a court will allow a foreign party to enforce a foreign judgment. Central to this paper is the recent South African Supreme Court of Appeal (hereinafter SCA) case of Richman v Ben-Tovim. This includes a critical discussion of the submissions made by the SCA in reaching its decision. The author is of the view that the SCA in hearing a case of this nature ought to have considered a comparative study of the private international law rules applied elsewhere.

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) established by the UN Security Council in the early 1993 and 1994 respectively in the wake of mass atrocities commented in the Balkans and in Rwanda are arguably the first truly international criminal tribunals (ICTs). While the Nuremberg and Tokyo tribunals set up by the Allies to prosecute the Germans and Japanese responsible for atrocities committed during World War II provided some precedent, much of the ICTs’ substantive law had never been litigated. In addition, differences in the circumstances surrounding the two sets of prosecutions meant that the ICTs’ procedural system was effectively brand new. In this context, the role of the ICTs’ judges in progressively developing international criminal law and the international criminal justice system assumes great importance. Since the establishment of the ICTs, a permanent international criminal court and several ‘hybrid’ international courts have been created. Each of these has drawn heavily on the jurisprudence and procedural law, practices and norms of the ICTs. This further underscores the importance of understanding the development of international criminal law by ICT judges. / Studies of factors influencing the behaviour of judges have generally focused either on micro-level factors, primarily the policy position of judges, or macro-level factors, primarily the relationship between States and international courts. This thesis argues that the exploration of factors influencing judicial behaviour on both levels is important. This thesis uses a broad institutional perspective to identify the types of factors likely to be salient influences on judicial behaviour and the way in which those factors operate, in particular the way in which the ICTs as organisations operate to mediate exogenous influences. / The thesis uses a range of data sources, including interviews with judges and defence counsel to empirically explore two micro level and three macro level influences. The micro-level influences explored are judges’ national system and professional backgrounds. The macro-level influences explored are the reliance of the ICTs on States, the need for the ICTs to establish and maintain legitimacy and the broader expectations directed towards war crimes tribunals. / The thesis findings show that exploring both the micro and macro-levels provide important insights into judicial behaviour at the ICTs. The findings on the influence of the micro-level factors explored in the thesis reveal that both national system background and professional background do influence some aspects of judicial behaviour. The findings also suggest the importance of understanding the process of institutionalisation when exploring judicial behaviour and the organisational factors that facilitate or impede this. The findings on the influence of the macro-level factors explored in the thesis suggest that each of these factors do influence judicial behaviour at the ICTs in certain ways, but that the level to which the factors influence behaviour is context-contingent.

The thesis provides an analysis of the developments in international environmental law achieved through judicial activity of international courts from circa 2005 onwards. Analysed is the relevant practice of the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court for Human Rights, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. First chapter presents the general characteristics of their judicial activity in this area, while the subsequent chapters deal with each of the institutions, analysing the outcomes of their activity, particularly with regard to specifying obligations of states and the interpretation of human rights in connection with environmental protection, and the developments in the courts' handling of environmental cases. Attention is also given to possible setting up of a specialised international court for the environment.

This thesis seeks to systematically examine the contributions made by the dispute settlement bodies established under the United Nations Convention on the Law of the Sea (UNCLOS) to the development of the law of the sea. The two main research questions to be answered are: (i) what kind of contribution have UNCLOS dispute settlement bodies made to the development of the law of the sea? and (ii) what are the factors that impact the performance of UNCLOS dispute settlement bodies in developing the law of the sea? To that end, Chapter 1 provides a working definition for the concept of 'judicial development of international law' in order to establish a framework for an assessment of the contributions of UNCLOS tribunals. Based on this working definition, Chapters 2, 3 and 4 examine the significance of UNCLOS tribunals' decisions in the development of three main areas of the law of the sea, respectively the law on fisheries, the law on the outer continental shelf and the law on marine environmental protection. Based on the findings of these chapters, Chapter 5 analyses the factors that help explain the contributions of UNCLOS tribunals to the law of the sea as identified in the preceding chapters. These factors include: (i) the jurisdictional scope of UNCLOS tribunals, (ii) the institutional design of UNCLOS, (iii) the interpretative method employed by UNCLOS tribunals in deciding their cases and (iv) the perception that UNCLOS tribunals hold regarding their roles. Chapter 6 concludes by taking stock of the contribution of UNCLOS tribunal in these areas and offering some final observations on the role of UNCLOS tribunals in the development of the law of the sea.

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2016-04-13T14:47:14Z No. of bitstreams: 1 Edigardo Ferreira Soares Neto.pdf: 1028853 bytes, checksum: 70f63bd2384eff0b1bd14f8959b7c5d6 (MD5) / Made available in DSpace on 2016-04-13T14:47:14Z (GMT). No. of bitstreams: 1 Edigardo Ferreira Soares Neto.pdf: 1028853 bytes, checksum: 70f63bd2384eff0b1bd14f8959b7c5d6 (MD5) Previous issue date: 2015-09-03 / In this dissertation, it will be made an approach to the International Criminal Court (ICC) rules in comparison with those of the Brazilian legal system, what coincide, making a check analysis of possible antinomies between internal standard and internalized. In this north, will be carried out an assessment of International Courts historical evolution that existed and the Court of Rome predecessors forms, in addition to the perception of data relating to its creation and accession of Brazil for their rules. In sequence, the features Court are related and, in this line, individual criminal responsibility, own this approach, in addition to the reflection on the concept of the Statute Member States sovereignty. Then the study is concentrated on the examination of international criminal law in comparison with the international criminal law, where international cooperation is addressed, in addition to the core crimes and criminal principles common to the internal order and external, all under the rules paradigm for the protection of international human rights. Finally, it will be checked the apparent shocks between constitutional rules and the Rome Statute, a verification of compatibility, a control of all juridical convention on domestic law impact and effect. / Neste trabalho, far-se-á uma abordagem das normas do Tribunal Penal Internacional em comparação com as do ordenamento jurídico brasileiro, naquilo que coincidem, fazendo uma análise de verificação das possíveis antinomias entre a norma interna e a internalizada. Neste norte, será realizada uma apreciação da evolução histórica das Cortes Internacionais que existiram e foram antecessoras do Tribunal de Roma, além da percepção dos dados referentes à sua criação e adesão do Brasil as suas regras. Em sequência, as características da Corte serão relacionadas e, nesta linha, a responsabilidade penal individual, própria desta abordagem, além do reflexo no conceito de soberania dos Estados/Partes do Estatuto. Em seguida, o estudo é concentrado no exame do direito penal internacional em comparação com o direito internacional penal, onde a cooperação internacional é abordada, além dos core crimes e princípios penais comuns à ordem interna e externa, tudo sob o paradigma das regras de proteção aos direitos humanos internacionais. Por fim, checar-se-á os aparentes choques entre normas constitucionais e as do Estatuto de Roma, numa verificação de compatibilidade, num controle de convencionalidade do impacto e consequência ao direito interno.

Thesis (Ph. D.)--University of Chicago, Dept. of Political Science, December 2002. / Includes bibliographical references. Also available on the Internet.

"This paper deals with the prosecution of a crime of crimes, genocide, at international and national levels. The international community has shown interest in penalizing perpetrators of gross human rights violations since the Nuremberg trial, and then the adoption of the 1948 UN Genocide Convention. After these times, significant numbers of international tribunals, although at an ad hoc level, have been established to punish gross violations of human rights including the crime of genocide. Along with these tribunals, quite a number of national courts have engaged in the prosecution of genocide. Nevertheless, due to legal and practical problems, the two legal systems are adopting different approaches to handle the matter, although the crime is one and the same. Therefore, the objective of this paper is to assess critically where the difference lies, the cause and impact of the disparity on the rights of the accused to fair trial. Moreover, the study will posit some recommendations that might assist to ameliorate this intermittent situation." -- Synopsis. "This work consists of five chapters. Chapter one is addressing the general introduction of the work, and it has already been discussed. Chapter two deals with the crime of genocide and its criminal responsibility as indicated under different national and international laws. The third chapter is devoted to focus on the right to fair trial and the prosecution of genocide, and specifically addresses the issues of the right to legal assistance, speedy trial, obtain and examine evidence, and sentencing. In chapter four the role of the Rome Statue in protecting the rights of the accused, its impact on on national laws, the complementarities of the International Criminal Court and national courts will be discussed. Finally, the work will come to an end by giving concluding remarks and recommendations under the fifth chapter." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM