This research focuses on the desirability and feasibility of allowing individuals to access the International Court of Justice when their rights under international human rights treaties have been violated. International law now recognizes individuals as its subjects and that from such recognition flows a right of access to international courts. Using the Inter-American and European Courts of Human Rights as models, it is examined whether the right of individual access supersedes the will of states, the arguments for and against a global human rights court and how the ICJ’s statute and rules could be changed to allow individuals a) to participate in the court’s proceedings and b) gain direct access to the court as parties. Individuals could have both locus standi before the ICJ if the Court modifies its procedural rules and jus standi, which requires not only procedural changes, but the modification of the U.N. Charter.

This thesis aims to reveal the very considerable extent of the power and influence of the clerk to the justices and court clerks in magistrates' courts, and to assess the nature of the balance achieved by clerks between the demands of the organisation of the courts which they run and their role as the court's lawyer with responsibility for upholding, inter alia, due process norms. The first section of the thesis examines the role of the clerk in the courtroom. After assessing the extent to which the clerk's behaviour is constrained by legal rules, the relationship between clerk and magistrates is examined and the impact of the clerk on the proceedings of the court and the decisions of the magistrates are considered. It is argued that the clerk has a significant effect on the experience of all of those who come into contact with the criminal justice system and to this end the relationship between the clerk and unrepresented defendants, the clerk and the legal profession, the clerk and the police, and the clerk and probation officers and social workers is assessed. The second part of the thesis deals with the role of the clerk outside the courtroom. The influence of the clerk to the justices on the attitudes of magistrates through training is considered, and the impact of the clerk on policy decisions for the court is assessed. The quasi-judicial powers of the clerk are examined and the question of whether there is scope for future extension of the clerk's role is addressed. It is concluded that the role of the clerk is one of the most significant factors in determining the nature of summary justice, that the nature of the clerk's role is ready for re-assessment and that this may be most appropriately achieved by extension of the legal role of the clerk. The clerk does play a real part in protecting due process rights, but in relation to the protection of unrepresented defendants the clerk cannot be as effective as an advocate, and as a result represents a liberal compromise of 'good enough' justice.

This thesis analyses the role of the European Court of Justice in the process of European integration. The role of the Court of Justice as an important supranational institution is discussed by taking into account various decisions of the Court that established the fundamental principles of the European Union Law. The thesis also analyses the contribution of the Court from the perspective of its interactions with the other actors within the EU. In this framework, the thesis will seek to answer such questions as: What are the contributions of the European Court in the development of the EU legal system? How did the Court play such an important role in the process of European integration? Finally, how did the interactions of the European Court with the other actors affect the process of European integration?

This thesis describes the system of submitting observations envisaged in Article 23 of the Protocol on the Statute of the European Court of Justice. The thesis seeks to illustrate and criticize the utilization of the system enshrined in Article 23 by the member states of the European Union. The experience of the United Kingdom is analyzed by examining the preliminary ruling judgments that the government of the United Kingdom has submitted observations in order to describe the system and demonstrate its application by a member state of the European Union.

Univ., Diss.--Kiel, 2003.

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

Thesis (Ph. D. in Political Science)--Vanderbilt University, Aug. 2005. / Title from title screen. Includes bibliographical references.

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...

xi, 189 p. / Human rights advocates have championed the establishment of a regime of international legal accountability for grave violations of human rights, including genocide. Despite recent advances in establishing a regime of responsibility for individuals, when the International Court of Justice pronounced its 2007 judgment on the first case of state responsibility for genocide, Bosnia and Herzegovina v. Serbia and Montenegro, it exonerated Serbia of the most serious charges. Key to the Court's judgment was its spatialized definition of genocide as 'destruction in part' and its acceptance of Serbia's calculated strategy of legal immunization of establishing the Bosnian territory it sought to annex as a formally separate political entity. Considering the Court's latitude of interpretation regarding these spatial and territorial factors in light of the law, this thesis argues that geopolitical considerations influenced a judgment that will greatly limit the future possibility of any state or individual being found responsible for genocide. / Committee in charge: Shaul Cohen, Co-Chair; Alexander B. Murphy, Co-Chair