Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Oellers-Frahm Karin
    Expanding the Competence to Issue Provisional Measures—Strengthening the International Judicial Function
    in German Law Journal , Vol. 12, n. 5 ,  2011 ,  1279-1294
    In international law, jurisdiction serves the same principal aim as in national law, namely the settlement of disputes in order to maintain (legal) peace and security. In international law, as in national law, judicial procedures take time, sometimes a lot of time, during which the rights at stake may be negatively affected by acts of one of the parties potentially resulting in an ineffective judgment. A remedy against such an occurrence has been developed through an instrument of interim protection by which the court directs the parties to leave the rights as they stand and not to interfere with the situation. Such an instrument appears indispensable in order to ensure that a court or tribunal is able to effectively exercise its function. At the national level, interim protection is usually unproblematic since the competence of the tribunals is mostly comprehensive. In international law, in contrast, the competence of judicial organs is one of the most discussed problems because it depends on the consent of states. Any expansion of competence without an explicit agreement of the states concerned is therefore of utmost significance for the role and the acceptance of international courts and reflects the organizational status of international society. Thus, in the context of the project “Beyond Dispute: Lawmaking by International Judicial Institutions,” the subject-matter of this contribution mostly relates to the role and self-understanding of international judicial organs; it is less concerned with the creation of substantive normative expectations between international subjects. Yet, the expansion of judicial competences fits into the conceptual apparatus of this research as it innovates the legal order and reaches beyond the case at hand. Full text available at: http://www.germanlawjournal.com/pdfs/Vol12-No5/PDF_Vol_12_No_05_1279-1294_Beyond%20Disptue%20Special_Oellers-Frahm%20FINAL.pdf
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