Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471
Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
The Performance of International Courts and Tribunals
Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471
Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471
Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals
Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004194835
Category : Law
Languages : en
Pages : 644
Book Description
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Publisher: BRILL
ISBN: 9004194835
Category : Law
Languages : en
Pages : 644
Book Description
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Comparative Reasoning in International Courts and Tribunals
Author: Daniel Peat
Publisher: Cambridge University Press
ISBN: 1108415474
Category : Law
Languages : en
Pages : 293
Book Description
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Publisher: Cambridge University Press
ISBN: 1108415474
Category : Law
Languages : en
Pages : 293
Book Description
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
The Performance of Africa's International Courts
Author: James Thuo Gathii
Publisher:
ISBN: 0198868472
Category : Law
Languages : en
Pages : 385
Book Description
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads: and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunal series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
Publisher:
ISBN: 0198868472
Category : Law
Languages : en
Pages : 385
Book Description
A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads: and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunal series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.
The Future of International Courts
Author: Avidan Kent
Publisher: Routledge
ISBN: 042987216X
Category : Law
Languages : en
Pages : 267
Book Description
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Publisher: Routledge
ISBN: 042987216X
Category : Law
Languages : en
Pages : 267
Book Description
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Assessing the Effectiveness of International Courts
Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 0191640220
Category : Law
Languages : en
Pages : 1719
Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
Publisher: OUP Oxford
ISBN: 0191640220
Category : Law
Languages : en
Pages : 1719
Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
Case-Law and the Development of International Law
Author: Patrícia Galvão Teles
Publisher: BRILL
ISBN: 9004467661
Category : Law
Languages : en
Pages : 288
Book Description
This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.
Publisher: BRILL
ISBN: 9004467661
Category : Law
Languages : en
Pages : 288
Book Description
This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.
International Courts and the Performance of International Agreements
Author: Clifford J. Carrubba
Publisher: Cambridge University Press
ISBN: 1107065720
Category : Law
Languages : en
Pages : 253
Book Description
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Publisher: Cambridge University Press
ISBN: 1107065720
Category : Law
Languages : en
Pages : 253
Book Description
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Human Rights Norms in ‘Other' International Courts
Author: Martin Scheinin
Publisher: Cambridge University Press
ISBN: 1108499732
Category : Law
Languages : en
Pages : 517
Book Description
Examines the role and impact of human rights norms in international courts other than human rights courts
Publisher: Cambridge University Press
ISBN: 1108499732
Category : Law
Languages : en
Pages : 517
Book Description
Examines the role and impact of human rights norms in international courts other than human rights courts
The Right of Actio Popularis before International Courts and Tribunals
Author: Farid Ahmadov
Publisher: BRILL
ISBN: 9004380981
Category : Law
Languages : en
Pages : 246
Book Description
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Publisher: BRILL
ISBN: 9004380981
Category : Law
Languages : en
Pages : 246
Book Description
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.