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Power Of International Courts To Interpret And Revise Judgments And Awards

Posted on:2011-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:C J LiFull Text:PDF
GTID:2166330338980740Subject:International law
Abstract/Summary:PDF Full Text Request
Decisions issued by international courts undoubtedly play an irreplaceable, important role in the judicial settlement of international disputes. However, in judicial practice, the complexity of facts and laws often leads a number of international courts to make wrong decisions, which incorrectly settled disputes, and the role of international judicial bodies can not be well done. Therefore, the procedures and conditions about the interpretation and revision power of the courts have been developed greatly. This article will focus on the sources and challenges of the powers and analyze the nature of the powers and its problems arising therein.Chapter 2 will analyze the power of international courts to interpret and revise judgments and awards at theoretical level of international law. Firstly, the author discusses the limits to the principle of res judicata and the purpose of the powers of interpretation and revision. They have a common goal and complementary. Secondly, the author believes that an international court might have an inherent power to interpret or revise decisions. There is also some practice of international courts exercising the powers of interpretation and revision as inherent powers. Thirdly, it is about the value of the powers of interpretation and revision in practice and theory. Chapter 3, this author analyzes the statute of the international courts and the court rules, and so on. Firstly, these three issues will be considered before turning to the specific criteria for applications for interpretation and revision: A. jurisdiction of the international court hearing the request; B. composition of the international court hearing the request; C. scope of the powers. Secondly, the author studies the conditions for exercise of the powers of interpretation and revision. Chapter 4, this author use cases to analyze the power of international courts to interpret and revise judgments and awards.
Keywords/Search Tags:international courts, judgment and award, power of revision, power of interpretation
PDF Full Text Request
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