Hersch Lauterpacht Memorial Lecture 2012, Part 3: 'Questions of Admissibility before International Courts' by Professor Yuval Shany

Duration: 1 hour 3 mins 2 secs
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Description: The Hersch Lauterpacht Memorial Lecture is an annual lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law and a revised and expanded version of the lectures is usually published in the Hersch Lauterpacht Lecture Series by Cambridge University Press. The lecture comprises three parts, delivered on consecutive evenings, followed by a Q&A session on the fourth day.

The 2012 Hersch Lauterpacht Memorial Lecture, entitled 'Jurisdiction and Admissibility of Cases in International Courts and Tribunals' was delivered at the Lauterpacht Centre for International Law, University of Cambridge, by Professor Yuval Shany, Hersch Lauterpacht Chair of International Law, Hebrew University of Jerusalem from Tuesday 28th February to Friday 2nd March 2012.
 
Created: 2012-03-05 12:50
Collection: LCIL International Law Seminar Series MOVED
Cambridge Law: Public Lectures from the Faculty of Law MOVED
Publisher: University of Cambridge
Copyright: University of Cambridge
Language: eng (English)
Keywords: International Law; Admissibility; International Adjudication; International Courts; Lauterpacht Centre for International Law;
 
Abstract: Part 3 of 3: 'Questions of Admissibility before International Courts

Delivered by Professor Yuval Shany; chaired by Dr Roger O'Keefe
Thursday, 1 March 2012

This third lecture examines the role of admissibility challenges in the work of international courts. It first examines the differences between jurisdiction (including pre-conditions to jurisdiction) and admissibility rules, and offers some possible distinguishing features (e.g., explicit discretion in application, feasibility of resubmission, relationship to other legal rules). It also examines the implications of the distinction for the sequencing of arguments and allocation of procedural burdens. The lecture then proceeds to offer three possible conceptual frameworks to evaluate admissibility decisions – judicial propriety (or legitimacy), jurisdiction-regulation and effectiveness. The final part of the lecture describes certain trends in the case law of international courts on admissibility challenges and question the soundness and consistency of some of these trends.
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