International (quasi-)judicial bodies, that is bodies that settle disputes among parties either in a binding or non-binding manner, are mushrooming – a well known fact. Examples of such bodies, among others, include the International Court of Justice, the European Court of Human Rights, the WTO dispute settlement bodies, investment arbitration, the Human Rights Committee, the World Bank Inspection Panel, or the European Banking Authority. Their practices seem to become ever more important not only in scholarly works, but also in the practice of other (quasi-)judicial bodies. However, these practices are studied and invoked in a rather fragmented manner, given also the fragmented nature of the international legal order. For instance, the case-law of the WTO dispute settlement bodies is mainly scrutinized by experts in WTO law, or somewhat more broadly by experts in international economic law. Hence, the research and reference to these practices are isolated from each other making any comparison across various fields of international law rather difficult, if not impossible. Although comparison seems somewhat challenging given the different interests, terminologies, legal rules etc. at stake, through the creation of an overarching theme and framework comparison becomes accessible and provides good insights into the various practices from various perspectives.
Against this backlog and given the wide variety of research interests of the members of this research group, the main purposes are to enable more than traditional comparative exercises as well as generate ample food for thought that might result in related cross-cutting research projects. In addition and more in general, this group might also ‘produce’ insights into the nature of fragmentation/constitutionalisation of the international legal order from the perspective of proliferation of international (quasi-)judicial bodies.
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Activities of the Research Group:
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- 19/11/2015 Kick-off meeting of the Research Group
- 21/01/2016 Pošštová banka, a.s. and ISTROKAPITAL SE v. Hellenic Republic, ICSID Case No. ARB/13/8, Award, 9 April 2015 – Case analysis (Frederica Cristani) Presentation
- 10/03/2016 Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v Hungary, European Court of Human Rights, Application No. 22947/13, 2 February 2016 – Case analysis (Krisztina Nagy)
- 21/04/2016 The Right to a Healthy Environment through the Lenses and Practice of the ECtHR (Gábor Kecskés) Handout
- 02/06/2016 Dispute resolution mechanism of the European Banking Authority (Brigitta Kreisz)
- 23/06/2016 Reform of the Investor-State Arbitration: the EU’s Proposal for an Investment Court System (Balázs Horváthy) Presentation
- 04/10/2016 Political Equality in the Practice of the US Supreme Court and the ECtHR – A Dialogue? (Emese Szilágyi)
- 03/11/2016 The equivalents of genocidal intent in abortion laws (Dragan Dakić) Paper
- 13/12/2016 Legality of Trade Sanctions against WTO Member for a Breach of International Peace and Security: A Case Study of the EU Sanctions on Russia (Lukasz Gruszczynski)
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Head of research group:
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Members:
- Dragan Dakić
- János Fiala-Butora
- Lukasz Gruszczynski
- Tamás Hoffmann
- Balázs Horváthy
- Gábor Kecskés
- Zsolt Körtvélyesi
- Brigitta Kreisz
- András László Pap
- Emese Szilágyi
- Vanda Vadász
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