Alexander Orakhelashvili
Dados Biográficos
| ID | 5698155 |
|---|---|
| NOME | Alexander Orakhelashvili |
| PRENOMES | Alexander |
| SOBRENOME | Orakhelashvili |
| ASSINATURA | ORAKHELASHVILI A |
| AFILIAÇÕES | University of Birmingham |
| ORCID | 0000-0003-2921-7169 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 30 |
| TOTAL DE CITAÇÕES | 40 |
| TOTAL COMO AUTOR | 30 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2002 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 4 |
Multilateral Diplomacy and International Law
This paper focuses on the comparative analysis of 19th century great power concert and the United Nations Security Council as forms of great power management of international affairs. The analysis is conducted from a cross-disciplinary perspective of international politics and international law. The paper explores historical preconditions for each of those forms of great power management to be formed and come into operation, as well as the way in…
Enemy at the court
International law has been viewed part of English law since 18th century, and UK courts regularly deal with complex international legal issues. Hardly any national legal system allows absolutely all international legal rules to have effect at the national level. Nevertheless, a phenomenon encountered in UK courts' jurisprudence at times involves a degree of manipulation of international legal standards (or attempts directed at that) seemingly at …
Governmental Activities on Foreign Territory
Anglo-Iranian Oil Company Case
Political Life of Treaties
The argument that the operation of the international legal system depends on political factors is to many a truism requiring little clarification or verification. But what does the operation of the system of positive international law do to international political processes? Even if it is politics and not law which primarily guides activities and decisions of States, how far could sheer politics get States in achieving their political goals? This…
Kosovo and intersecting legal regimes
The unilateral declaration of independence by Kosovar authorities in Pristina in 2008 has been the source of various controversies in international affairs. From a legal perspective, Kosovo’s secessionist drive is contrary to the well-established position of international law regarding the territorial integrity of states. From a political perspective, Kosovo’s case exemplifies the political drive to alter the law – a drive that applies to other e…
Al-Dulimi v. Switzerland
AL-DULIMI v. SWITZERLAND. Application No. 5809/08. At http://hudoc.echr.coe.int. European Court of Human Rights, June 21, 2016
Unlocking the Unreal
Hedley Bull's theory of international relations has widely been treated as of central importance within the international relations discipline. Yet, Bull's theory is inherently interdisciplinary, not least because the basic elements it operates with, such as “international society” and “international order”, inevitably draw on the factors and considerations that constitute the legitimate object of the discipline of international law. Thus, the pr…
Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie
Journal Article Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie Get access Maurizio Ragazzi (ed.), Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie. Martinus Nijhof, 2013, 469, xlvi pp. Alexander Orakhelashvili Alexander Orakhelashvili 1University of Birmingham Search for other works by this author on: Oxford Academic Google Scholar Chinese Journal of International Law, Volume…
The Responsibility of Member-States Due to Wrongful Acts of International Organizations
1. Owing to the kind invitation by Chinese Journal of International Law, I am delighted to offer few thoughts and comments on the insightful and well-argued contribution by Jose Manuel Cortes Martin published in an earlier issue of this Journal.1 The topic at hand is relevant to multiple activities of international organisations, not only in terms of allocating responsibility and reparation to the entities properly, but also because the forum for…
The Classification of International Legal Rules
Any legal system, including the international legal system, consists of rules that serve multiple purposes and functions that the legal system in question needs to perform in order to survive as a viable organism. Jurisprudence of national and international courts relating to areas such as responsibility, immunity, and dispute settlement has involved intensive discussions as to the nature and implications of the various categories of rules. Appro…
Jurisdictional Immunities of the State
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Immunities of State Officials, International Crimes, and Foreign Domestic Courts
1 Introduction The present contribution will not provide yet another analysis of the law of immunities in relation to international crimes; this has been done elsewhere. 1 It is instead a response to certain views put forward by Dapo Akande and Sangeeta Shah. 2 Akande and Shah disagree with my own conclusion that jus cogens can, and does, prevail over state immunity. They however advance an alternative approach favouring the denial of immunity, a…
Threat, Emergency and Survival
The international legal discourse, whether in theory or practice, has long focused on how situations gravely affecting the national security of States would impact their legal rights and obligations. In a way, the discourse on threats is essentially about whether international law could retain its validity as a body of neutral rules in situations where extreme emergencies are arguably involved, as has been witnessed in arguments from the ancient …
Kosovo and the Pitfalls of Over-theorizing International Law
Peter Hilpold's rejoinder certifies that a debate about the legality of the Kosovo Unilateral Declaration of Independence (UDI) would almost inevitably involve an attempt to reconsider the basic characteristics of the international legal system. This is clear from the example of the attempts to claim the legality of that UDI supported by one part of the international community and opposed by the rest of that community, by over-theorizing internat…
The Kosovo UDI between Agreed Law and Subjective Perception
Just like any other important international controversy, the Unilateral Declaration of Independence in Kosovo raises multiple aspects of the relationship between law, fact and politics on the international plane. Diverse outcomes and solutions could be suggested from a theoretical perspective, with different options for balancing the importance of legal, factual and political factors. However, making an international legal argument on the indepen…
The Normative Basis of »Fair and Equitable Treatment«
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Interaction between Human Rights and Humanitarian Law
The principal question in terms of assessing the interaction between human rights applicable both in peacetime and war and humanitarian law applicable only to armed confl icts is whether the protection accorded to individuals under the latter is lower than that under the former. The clarifi cation of this question requires the accurate assessment of the available evidence, and not the preconceived approach that tends to conceive one of these two …
Natural Law and Justice
State Immunity and Hierarchy of Norms
The proper way of addressing the impact of normative hierarchy on state immunity is to adopt the normative-evidentiary approach cleansed of preconceptions motivated by certain risk factors that possess only theoretical signifi cance. The European Court stated in Al-Adsani on the hierarchy of norms issue without properly examining most of its crucial aspects. The Joint Dissenting Opinion of six judges has exposed the weaknesses in the Court's reas…
The International Court and ‘Its Freedom to Select the Ground Upon Which it Will Base its Judgment’
The outcome of the litigation before the International Court of Justice can be seriously affected by the Court's treatment of the parties' submissions, not just because the Court's disregard of the submission of the party can affect the legal rights of that party. The final decision can end up being substantially different from what most people would expect. This happened, for instance, in some cases in which much was at stake, such as Arrest War…
The Idea of European International Law
The nature of international law as a legal system which, on the one hand, responds to the need for interaction between states inherent to international society and, on the other hand, is based on agreement between states, categorically excludes viewing international law as the product of a specific regional, i.e., European, tradition. Yet it is still asserted that international law is a European tradition. Such assertions are not only conceptuall…
International Public Order and the International Court's Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Impact of Peremptory Norms on the Interpretation and Application of United Nations Security Council Resolutions
The United Nations Security Council is the most powerful institutional body ever established at the global level. Its existence and powers, as based on the United Nations Charter, firmly evidence the support of the entire international community. At the same time, the will of the international community as a whole can be expressed at different levels and in different ways. In today’s international law, there can be little doubt that the internati…
Judicial Competence and Judicial Remedies in the Avena Case
The last decade marked the unprecedented increase in the importance of the role of judicial bodies in the maintenance of international legal order and their assumption of hitherto unprecedented judicial powers. The principle of consent and its implications are the issues that pose major questions on possible limitations in this process. The tension between these conflicting factors has been witnessed in the treatment by the ICJ of the disputes re…
The Interaction between Human Rights and Humanitarian Law
The principal question in terms of assessing the interaction between human rights applicable both in peacetime and war and humanitarian law applicable only to armed confl icts is whether the protection accorded to individuals under the latter is lower than that under the former. The clarifi cation of this question requires the accurate assessment of the available evidence, and not the preconceived approach that tends to conceive one of these two …
The Idea of European International Law
The nature of international law as a legal system which, on the one hand, responds to the need for interaction between states inherent to international society and, on the other hand, is based on agreement between states, categorically excludes viewing international law as the product of a specific regional, i.e., European, tradition. Yet it is still asserted that international law is a European tradition. Such assertions are not only conceptuall…
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congov v. Belgium)
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Impact of Peremptory Norms on the Interpretation and Application of United Nations Security Council Resolutions
The United Nations Security Council is the most powerful institutional body ever established at the global level. Its existence and powers, as based on the United Nations Charter, firmly evidence the support of the entire international community. At the same time, the will of the international community as a whole can be expressed at different levels and in different ways. In today’s international law, there can be little doubt that the internati…
Jurisdictional Immunities of the State
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The International Court and ‘Its Freedom to Select the Ground Upon Which it Will Base its Judgment’
The outcome of the litigation before the International Court of Justice can be seriously affected by the Court's treatment of the parties' submissions, not just because the Court's disregard of the submission of the party can affect the legal rights of that party. The final decision can end up being substantially different from what most people would expect. This happened, for instance, in some cases in which much was at stake, such as Arrest War…
Restrictive Interpretation of Human Rights Treaties in the Recent Jurisprudence of the European Court of Human Rights
The European Convention on Human Rights was adopted as an instrument to protect the rights and interests of individual human beings rather than of state parties. It thus embodies obligations which objectively protect human beings and are not reducible to mutual or reciprocal legal commitments of states. The jurisprudence of the Convention organs has recognized the importance of the nature of the Convention obligations, and has interpreted and app…
Kosovo and intersecting legal regimes
The unilateral declaration of independence by Kosovar authorities in Pristina in 2008 has been the source of various controversies in international affairs. From a legal perspective, Kosovo’s secessionist drive is contrary to the well-established position of international law regarding the territorial integrity of states. From a political perspective, Kosovo’s case exemplifies the political drive to alter the law – a drive that applies to other e…
Immunities of State Officials, International Crimes, and Foreign Domestic Courts
1 Introduction The present contribution will not provide yet another analysis of the law of immunities in relation to international crimes; this has been done elsewhere. 1 It is instead a response to certain views put forward by Dapo Akande and Sangeeta Shah. 2 Akande and Shah disagree with my own conclusion that jus cogens can, and does, prevail over state immunity. They however advance an alternative approach favouring the denial of immunity, a…
State Immunity and Hierarchy of Norms
The proper way of addressing the impact of normative hierarchy on state immunity is to adopt the normative-evidentiary approach cleansed of preconceptions motivated by certain risk factors that possess only theoretical signifi cance. The European Court stated in Al-Adsani on the hierarchy of norms issue without properly examining most of its crucial aspects. The Joint Dissenting Opinion of six judges has exposed the weaknesses in the Court's reas…
Questions of International Judicial Jurisdiction in the LaGrand Case
On 27 June 2001, the International Court of Justice rendered its final decision in the case of LaGrand ( Germany v. United States of America ), which deals with many complex issues of international law. Apart from the very interesting substantive legal issues relating to the regime of consular assistance and death penalty in international law, the Judgment of the Court contains significant principles and reflections as to the essence and scope of…
State Immunity in National and International Law
The issue of state immunity in the case of human rights violations has been controversial in the last decade, partly due to the absence of international judicial pronouncements. The bringing of the three cases previously litigated in the United Kingdom and Ireland before the European Court of Human Rights was supposed to reduce this uncertainty. However, decisions of the Court seem to have failed to meet these expectations. The Court has failed t…
Questions of International Judicial Jurisdiction in the LaGrand Case
On 27 June 2001, the International Court of Justice rendered its final decision in the case of LaGrand ( Germany v. United States of America ), which deals with many complex issues of international law. Apart from the very interesting substantive legal issues relating to the regime of consular assistance and death penalty in international law, the Judgment of the Court contains significant principles and reflections as to the essence and scope of…
State Immunity in National and International Law
The issue of state immunity in the case of human rights violations has been controversial in the last decade, partly due to the absence of international judicial pronouncements. The bringing of the three cases previously litigated in the United Kingdom and Ireland before the European Court of Human Rights was supposed to reduce this uncertainty. However, decisions of the Court seem to have failed to meet these expectations. The Court has failed t…
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congov v. Belgium)
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Restrictive Interpretation of Human Rights Treaties in the Recent Jurisprudence of the European Court of Human Rights
The European Convention on Human Rights was adopted as an instrument to protect the rights and interests of individual human beings rather than of state parties. It thus embodies obligations which objectively protect human beings and are not reducible to mutual or reciprocal legal commitments of states. The jurisprudence of the Convention organs has recognized the importance of the nature of the Convention obligations, and has interpreted and app…
International Public Order and the International Court's Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Impact of Peremptory Norms on the Interpretation and Application of United Nations Security Council Resolutions
The United Nations Security Council is the most powerful institutional body ever established at the global level. Its existence and powers, as based on the United Nations Charter, firmly evidence the support of the entire international community. At the same time, the will of the international community as a whole can be expressed at different levels and in different ways. In today’s international law, there can be little doubt that the internati…
Judicial Competence and Judicial Remedies in the Avena Case
The last decade marked the unprecedented increase in the importance of the role of judicial bodies in the maintenance of international legal order and their assumption of hitherto unprecedented judicial powers. The principle of consent and its implications are the issues that pose major questions on possible limitations in this process. The tension between these conflicting factors has been witnessed in the treatment by the ICJ of the disputes re…
Assanidzev. Georgia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Idea of European International Law
The nature of international law as a legal system which, on the one hand, responds to the need for interaction between states inherent to international society and, on the other hand, is based on agreement between states, categorically excludes viewing international law as the product of a specific regional, i.e., European, tradition. Yet it is still asserted that international law is a European tradition. Such assertions are not only conceptuall…
Natural Law and Justice
State Immunity and Hierarchy of Norms
The proper way of addressing the impact of normative hierarchy on state immunity is to adopt the normative-evidentiary approach cleansed of preconceptions motivated by certain risk factors that possess only theoretical signifi cance. The European Court stated in Al-Adsani on the hierarchy of norms issue without properly examining most of its crucial aspects. The Joint Dissenting Opinion of six judges has exposed the weaknesses in the Court's reas…
The International Court and ‘Its Freedom to Select the Ground Upon Which it Will Base its Judgment’
The outcome of the litigation before the International Court of Justice can be seriously affected by the Court's treatment of the parties' submissions, not just because the Court's disregard of the submission of the party can affect the legal rights of that party. The final decision can end up being substantially different from what most people would expect. This happened, for instance, in some cases in which much was at stake, such as Arrest War…
The Normative Basis of »Fair and Equitable Treatment«
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Interaction between Human Rights and Humanitarian Law
The principal question in terms of assessing the interaction between human rights applicable both in peacetime and war and humanitarian law applicable only to armed confl icts is whether the protection accorded to individuals under the latter is lower than that under the former. The clarifi cation of this question requires the accurate assessment of the available evidence, and not the preconceived approach that tends to conceive one of these two …
Kosovo and the Pitfalls of Over-theorizing International Law
Peter Hilpold's rejoinder certifies that a debate about the legality of the Kosovo Unilateral Declaration of Independence (UDI) would almost inevitably involve an attempt to reconsider the basic characteristics of the international legal system. This is clear from the example of the attempts to claim the legality of that UDI supported by one part of the international community and opposed by the rest of that community, by over-theorizing internat…
The Kosovo UDI between Agreed Law and Subjective Perception
Just like any other important international controversy, the Unilateral Declaration of Independence in Kosovo raises multiple aspects of the relationship between law, fact and politics on the international plane. Diverse outcomes and solutions could be suggested from a theoretical perspective, with different options for balancing the importance of legal, factual and political factors. However, making an international legal argument on the indepen…
Threat, Emergency and Survival
The international legal discourse, whether in theory or practice, has long focused on how situations gravely affecting the national security of States would impact their legal rights and obligations. In a way, the discourse on threats is essentially about whether international law could retain its validity as a body of neutral rules in situations where extreme emergencies are arguably involved, as has been witnessed in arguments from the ancient …
Immunities of State Officials, International Crimes, and Foreign Domestic Courts
1 Introduction The present contribution will not provide yet another analysis of the law of immunities in relation to international crimes; this has been done elsewhere. 1 It is instead a response to certain views put forward by Dapo Akande and Sangeeta Shah. 2 Akande and Shah disagree with my own conclusion that jus cogens can, and does, prevail over state immunity. They however advance an alternative approach favouring the denial of immunity, a…
Jurisdictional Immunities of the State
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Classification of International Legal Rules
Any legal system, including the international legal system, consists of rules that serve multiple purposes and functions that the legal system in question needs to perform in order to survive as a viable organism. Jurisprudence of national and international courts relating to areas such as responsibility, immunity, and dispute settlement has involved intensive discussions as to the nature and implications of the various categories of rules. Appro…
Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie
Journal Article Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie Get access Maurizio Ragazzi (ed.), Responsibility of International Organisations, Essays in Memory of Sir Ian Brownlie. Martinus Nijhof, 2013, 469, xlvi pp. Alexander Orakhelashvili Alexander Orakhelashvili 1University of Birmingham Search for other works by this author on: Oxford Academic Google Scholar Chinese Journal of International Law, Volume…
The Responsibility of Member-States Due to Wrongful Acts of International Organizations
1. Owing to the kind invitation by Chinese Journal of International Law, I am delighted to offer few thoughts and comments on the insightful and well-argued contribution by Jose Manuel Cortes Martin published in an earlier issue of this Journal.1 The topic at hand is relevant to multiple activities of international organisations, not only in terms of allocating responsibility and reparation to the entities properly, but also because the forum for…
Unlocking the Unreal
Hedley Bull's theory of international relations has widely been treated as of central importance within the international relations discipline. Yet, Bull's theory is inherently interdisciplinary, not least because the basic elements it operates with, such as “international society” and “international order”, inevitably draw on the factors and considerations that constitute the legitimate object of the discipline of international law. Thus, the pr…
Al-Dulimi v. Switzerland
AL-DULIMI v. SWITZERLAND. Application No. 5809/08. At http://hudoc.echr.coe.int. European Court of Human Rights, June 21, 2016
Kosovo and intersecting legal regimes
The unilateral declaration of independence by Kosovar authorities in Pristina in 2008 has been the source of various controversies in international affairs. From a legal perspective, Kosovo’s secessionist drive is contrary to the well-established position of international law regarding the territorial integrity of states. From a political perspective, Kosovo’s case exemplifies the political drive to alter the law – a drive that applies to other e…
Political science (29 obras) · Law (22 obras) · International Law and Human Rights (21 obras) · International law (16 obras) · Sociology (16 obras) · Global Peace and Security Dynamics (12 obras) · Law (12 obras) · Law and economics (11 obras) · Computer Science (10 obras) · Politics (10 obras)