The Temporal Jurisdiction of International Tribunals

Nick Gallus (Associate Barrister, Associate Barrister, Three Crowns)

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Hardback

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English

Oxford University Press
04 May 2017

Settlement of international disputes; International courts & procedures; International arbitration

"The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? The Temporal Jurisdiction of International Tribunals examines these questions in depth.

Despite its importance, the temporal jurisdiction of international tribunals is not well understood. Tribunals often confuse different aspects of their jurisdiction and refuse to hear cases they should have heard, or agree to hear cases they should not. This book reduces this confusion by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits. The book examines the temporal limits resulting from (i) the entry into force of the obligation supposedly breached, (ii) the acceptance of the tribunal's jurisdiction, and (iii) from the period of limitation, as well as the effect of acts that occurred before these limits.

Throughout the book, the author comprehensively compares decisions from a wide variety of sources, including the International Court of Justice, Human Rights Courts, World Trade Organization panels, and investment treaty tribunals. It comments on decisions that arose from some of the most notorious events of the twentieth century, including the ""Katyn Massacre"" of the Second World War, the 1994 Rwandan genocide, and the ""forced disappearance"" of American political opponents. It reviews these decisions and identifies common principles that help define the temporal jurisdiction of tribunals to decide breaches of international law.

This book is essential for anyone practicing in international law, and anyone building a case that could be affected by temporal jurisdiction."

By: Nick Gallus (Associate Barrister Associate Barrister Three Crowns)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 170mm, Spine: 18mm
Weight: 426g
ISBN: 9780198791676
ISBN 10: 0198791674
Pages: 190
Publication Date: 04 May 2017
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Prior to joining Three Crowns Nick was lead counsel for the Government of Canada in large-scale investment treaty and trade disputes and advised the Government in the negotiation of Free Trade Agreements and Bilateral Investment Treaties. He was also an Assistant Professor at Queens University, Canada, and was formerly an associate with a Canadian law firm specialising in investment treaty disputes.

Reviews for The Temporal Jurisdiction of International Tribunals

This concise and eloquently written book provides a comprehensive overview of how international tribunals examine jurisdiction ratione temporis, clarifying the different temporal limits that exist. * Caroline Dos Santos (ASA Bulletin, March 2018) *