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Max Planck Encyclopedia of Public International Law [MPEPIL]

International Courts and Tribunals, Appeals

Karin Oellers-Frahm

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 October 2019

Subject(s):
Appeals — International organizations, practice and procedure

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Appeal is a concept known from national jurisdiction; however, even in national law the term ‘appeal’ is not defined in a clear and unambiguous way. The term has different connotations in civil law countries and common law countries. While in both law systems appeal is aimed at obtaining the total or partial reformation of a decision or judgment delivered by a lower court, in civil law countries appeal in the strict sense comprises the re-examination of both questions of fact and law, while the mere re-examination of questions of law characterizes the recourse...
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