Documents international court 11 results

"L'année 2023 a encore été riche pour l'Organisation Internationale du Travail, que ce soit en termes de publications, d'activités ou de coopération. Mais ce qui l'emporte d'est certainement la saisine, par le Conseil d'Administration lors de sa 349e session, de la Cour Internationale de Justice (CIJ). Est demandé à la plus Haute juridiction de l'ordre juridique international un avis consultatif sur la question suivante : « Le droit de grève des travailleurs et de leurs organisations est-il protégé par la Convention (n°87) sur la liberté syndicale et la protection du droit syndical de 1948 ? ». Bien que les raisons ayant conduit l'OIT à mobiliser pour la première fois depuis 1932 l'article 37 alinéa 1 de sa Constitution soient probablement déjà connues des lecteurs de cette revue, un rappel du contexte (I) et une présentation des conditions (II) de la saisine de la CIJ peuvent être utiles pour tenter d'en mesurer les enjeux."

"International courts have become a crucial element of protecting employee rights in recent decades. The ‘unorthodox'1 measures of the Hungarian Orbán government have provided a unique opportunity to test the effectiveness of international courts, since these national measures have been defying various legal principles in general, but in particular in the field of employment, since acquiring a two-thirds parliamentary majority in 2010. The article analyses the most important of these employment laws, their objectives, problematic legal nature and the responses of the Hungarian Constitutional Court (hereinafter CC), the Court of Justice of the European Union (hereinafter CJEU), and the European Court of Human Rights (hereinafter ECtHR).2 Are these national and international courts able to ensure effective protection against such policies when they adversely affect workers' fundamental rights, and if so, on what legal basis? Conclusions regarding unorthodox employment laws, such as termination without cause, the compulsory retirement of judges, a retroactive 98% tax on severance pay, and/or the nationalisation of private pension funds, might be useful to other countries with similar legislative tendencies. The article focuses on the question of whether international courts are able to block and efficiently remedy such national measures and tendencies in employment law. "

"This article reviews the operation of the International Criminal Tribunal for the former Yugoslavia. The ICTY was set up in 1993 and was due to have wound up all its operations by 2010; nevertheless, as is clear, it continues to function. The author cites the powers of the Tribunal and the rules under which it operates, including the meaning of ‘crimes against humanity'. The legacy of the Tribunal has both positive and negative aspects: in the former case, impartiality and the clarification of concepts important in international law; in the latter, the lack of convictions for genocide and the criticisms in individual cases that have been levelled at the ICTY President. It is the view of the author that the former outweigh the latter and that the existence of the Tribunal is necessary. Ultimately, however, the Tribunal does not exist to bring complete justice for victims or to deal with the past, and this means that it has taken away the ability to forget the past; for all its successes as regards jurisprudence and impact, it is the inability to reach out to victims that is its fundamental weakness"

"This article systematically analyses complaints concerning climate change before international human rights bodies. Since 2005, these bodies have been increasingly asked to hear complaints related to climate change but have granted claims of climate applicants only on one occasion. This article therefore considers the inherent limitations of international human rights bodies for the pursuit of climate objectives, as well as avenues to overcome the hurdles facing climate applicants. Based on the evidence we examined, we conclude making some predictions on the role that international human rights bodies might play in future climate litigation."

"This article challenges the assumptions of viability of international climate litigation. While international climate litigation has recently gained momentum, this article calls for a tempering of expectations on two bases. First, the climate problem is highly polycentric—more so than other environmental problems encountered by international courts. Second, international courts have structural limitations that make it difficult for them to address such highly polycentric problems. While international courts can deal with other environmental problems by balancing the interest of the parties involved, this approach is incongruous with the highly polycentric climate problem. This article demonstrates that international courts may insist upon deploying the same methods in international climate litigation. To do so, the article looks at the basis of the legitimacy of the work of international courts and reassesses their official functions."

"To achieve the Paris Agreement's goals, states must take swift, comprehensive steps to limit global warming. As the International Court of Justice (ICJ) prepares an advisory opinion to clarify climate obligations, states now have a vital opportunity to help clarify international law on climate action. And although an advisory opinion itself is not legally binding, any climate obligations it identifies would be.

This briefing note argues that international law provides a solid basis for recognising climate obligations. But international instruments protecting foreign investment can make it more difficult for states to take climate action. Ensuring that international obligations are aligned with climate goals requires not only making existing climate obligations more explicit but also taking a more integrated approach to interpreting investment protection treaties and advancing their deep reform. "