Hersch Lauterpacht Memorial Lectures 2012, Part 2: 'The Law Governing Jurisdictional Decisions of International Courts' by Professor Yuval Shany
Duration: 58 mins 47 secs
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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. |
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Created: | 2012-03-06 10:50 |
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Collection: |
LCIL International Law Seminar Series (VIDEO MOVED)
Cambridge Law: Public Lectures from the Faculty of Law MOVED |
Publisher: | University of Cambridge |
Copyright: | Mr D.J. Bates |
Language: | eng (English) |
Keywords: | International Law; Jurisdiction; International Courts; Lauterpacht Centre for International Law; |
Abstract: | Part 2 of 3: 'The Law Governing Jurisdictional Decisions of International Courts'
Delivered by Professor Yuval Shany; chaired by Dr Michael Waibel Wednesday, 29 February 2012 This second lecture focuses on the concept of jurisdiction as reflected in the decisions of international courts. It first offers a relevant typology – distinguishing between general and concrete conferrals of jurisdiction (i.e., delineation of the overall jurisdictional powers of the court v. jurisdiction over a specific dispute), between lack of jurisdiction and lack of applicable legal standards, and between different heads of jurisdiction (ratione personae, ratione materiae, ratione temporis, ratione loci). The lecture then moves on to critically examine some of the case law on jurisdiction of international courts, exploring in this context the hypothesis that jurisdictional decisions serve a discretionary case selection function (analogous to a US Supreme Court grant of certiorari). Finally, the lecture discusses the means through which challenges to jurisdictional decisions can be made – before the same international court and other judicial bodies. |
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