Main stages of the international criminal procedure

The Rome Statute creates interstate system of criminal justice composing: 1st of the definition of crimes and general principles of criminal law; 2nd the establishment of a jurisdictional organ to which jurisdictional powers are granted to investigate, prosecute and declare individual criminal responsibility and enforce any sentence reflecting such responsibility; 3rd the determination of the basic elements of the procedur. The criminal procedure provided for in the RS is comprised of two main stages. The first - consist of investigative stage carried out by the OTP( office of the prosecutor) under the supervision of PTC( pre-trial chamber) and prosecution which includes such questions as to duties and powers of the prosecutor, role of PTC and its functions, issuance by PTC of a warrant of arrest or appear etc.. The second stage consist of the trial and penalties ( the place of trial, function of trial chamber, rights of accused; applicable penalty, determination of the sentence). The last stage, if it is necessary appeal and revision (proceedings on appeal, revision of conviction or sentence).All stages and procedures are envisaged in ROme statute.
42.Settlement of international investment disputes

The settlement of international investment disputes are guided by ICSID which is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention 1966) with over one hundred and forty member States. The Convention sets forth ICSID's mandate, organization and core functions. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes. ICSID was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes between eligible parties, through conciliation or arbitration procedures. Recourse to the ICSID facilities is always subject to the parties' consent. ICSID does not conciliate or arbitrate disputes; it provides the institutional and procedural framework for independent conciliation commissions and arbitral tribunals constituted in each case to resolve the dispute. ICSID has two sets of procedural rules that may govern the initiation and conduct of proceedings under its auspices. These are: (i) the ICSID Convention, Regulations and Rules; and (ii) the ICSID Additional Facility Rules.

The ICSID Convention provides the basic procedural framework for conciliation and arbitration of investment disputes arising (directly out of an investment) between member countries and investors that qualify as nationals of other member countries. This framework is supplemented by detailed Regulations and Rules adopted by the ICSID Administrative Council pursuant to the Convention. A principal feature of conciliation and arbitration under the ICSID Convention is that they are based on a treaty establishing an autonomous and self-contained system for the institution, conduct and conclusion of such proceedings.

Besides providing facilities for conciliation and arbitration under the ICSID Convention, the Centre has since 1978 had a set of Additional Facility Rules authorizing the ICSID Secretariat to administer certain types of proceedings between States and foreign nationals which fall outside the scope of the Convention.

Main features: Conciliation and arbitration proceedings for the settlement of disputes arising directly out of an investment where either the State party or the home State of the foreign national is not an ICSID Contracting State. Conciliation and arbitration proceedings between parties at least one of which is a Contracting State or a national of a Contracting State for the settlement of disputes that do not directly arise out of an investment.

Additional activities of ICSID in the field of the settlement of disputes have included the Secretary-General of ICSID accepting to act as the appointing authority of arbitrators in ad hoc (i.e., non-institutional) arbitration proceedings. This is most commonly done in the context of arrangements for arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), which are specially designed for ad hoc proceedings. At the request of the parties and the tribunal concerned, ICSID may also agree to provide administrative services for proceedings handled under the UNCITRAL Arbitration Rules. The services rendered by the Centre in such proceedings may range from limited assistance with the organization of hearings and fund-holding to full secretariat services in the administration of the case concerned.

Date: 2015-12-18; view: 1136