This book provides insights into the workings of European courts, particularly focusing on the challenges to judicial independence faced by judges. It explores the dynamics of the EFTA Court, its unique jurisprudence, and the implications of economic law within the EEA framework, while also discussing Switzerland and Britain's roles in the EU context.
The volume contains the speeches of the international conference hosted by the EFTA Court on 17 June 2011 on 'Judicial Protection in the European Economic Area'. The volume documents not only the outstanding contributions made but also the discussions and thereby bears witness to the lively atmosphere at the conference. It is meant as an input to the current discussion on the accomplishments, problems and future of the EEA Agreement.
In October 2010, renowned authorities in the field of international dispute resolution from Europe, North America and Asia gathered in St.Gallen to discuss 'The Role of Precedent in Dispute Resolution'. While most observers associate precedent with common law and the stare decisis doctrine, some forms of precedent are nevertheless practiced in civil law jurisdictions and in international or supranational legal orders.
Prof. Dr. Carl Baudenbacher has served as a Judge of the EFTA Court since 1995 and was elected its President in 2003. He has been the Director of the University of St. Gallen’s Institute of European and International Law since 1990, where he also chairs the St. Gallen International Competition Law Forum and the International Dispute Resolution Conference. His extensive research in business and economic law is complemented by a strong interest in the interplay between law and politics in international justice, further developed during his tenure as a Visiting Professor at the University of Texas School of Law. The book draws from lectures he delivered at the University of Iceland School of Law in 2009, aiming to elucidate the workings and case law of the EFTA Court within the context of the European Economic Area Agreement. While Europe presents a unique case regarding the judicialization of law, Baudenbacher's insights and conclusions may enhance the understanding of international courts more broadly.
The 'International Dispute Settlement Conference', which was held for the third time in the last few years, was hosted by the City of St. Gallen, which followed in the steps of Austin, TX, and Salzburg. Renowned experts from all over the world attended the International Dispute Settlement Conference to discuss and debate the newest developments in the field of Dispute Resolution. Dispute Resolution touches upon key aspects of law, politics and business, which alludes to its practical signifi cance and its high grade of interdisciplinarity, a feature that the University of St. Gallen holds very dear. Die 'International Dispute Settlement Conference' ist bereits zum dritten Mal mit hochkarätiger Besetzung erfolgreich durchgeführt worden. Nach den Stationen Austin, Texas, und Salzburg war St. Gallen der Austragungsort - und damit die Heimatuniversität des Initiators dieser Konferenz, Prof. Dr. Carl Baudenbacher. Weltweit anerkannte Experten nahmen teil an der Veranstaltung, um aktuelle Entwicklungen und Tendenzen im Bereich der Dispute Resolution zu diskutieren. Das Thema berührt Kernaspekte an den Schnittstellen zwischen Recht, Wirtschaft und Politik. Dieser hohe Grad der Interdisziplinarität ist eines der Markenzeichen der Universität St. Gallen.
The topic of the 2nd St. Gallen 'International Dispute Resolution Conference' was 'Judicial dialogue' from various perspectives. The conference featured outstanding speakers with rich experience in their respective fields. They shared their views on judicial dialogue from a wide array of professional backgrounds: as academics, counsels, judges or arbitrators.
International courts have gained substantial influence during the last decades on most important fields of law. This development prompted and is still prompting vivid discussions on their proper role. Such debates are being argued with particular fierceness in the United States. But in reality, international courts have long been a predominantly European phenomenon. Based on a conference held in Salzburg, this volume contributes to the European model of international courts without being limited to this aspect. In articles and discussions both the academic and practioner are beeing provided with a comprehensive insight view on themes as: - From diplomacy to judging in international law - Acess to international courts - Methods of interpretation - judicial dialogue - Acceptance and criticisms of judgments - The European Court of Justice - The European Court of Human Rights - The WTO Appelate Body - The United States Courts Among the authors are the President of the European Court of Human Rights, the Chairman of the WTO Appelate Body, the President of the EFTA Court, high-ranking members of the European Court of Justice's judicial body, leading international academics and attorneys in their field of practice.
Im vorliegenden Tagungsband sind die Referate und Diskussionen des Dritten Wiener Globalisierungs-Symposiums 2002 versammelt.