Author: Yuval Shany
Publisher: Oxford University Press on Demand
ISBN: 9780199274284
Category : Law
Languages : en
Pages : 348
Book Description
Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
The Competing Jurisdictions of International Courts and Tribunals
Author: Yuval Shany
Publisher: Oxford University Press on Demand
ISBN: 9780199274284
Category : Law
Languages : en
Pages : 348
Book Description
Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Publisher: Oxford University Press on Demand
ISBN: 9780199274284
Category : Law
Languages : en
Pages : 348
Book Description
Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397
Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397
Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Regulating Jurisdictional Relations Between National and International Courts
Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 9780199211791
Category : Law
Languages : en
Pages : 256
Book Description
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Publisher: OUP Oxford
ISBN: 9780199211791
Category : Law
Languages : en
Pages : 256
Book Description
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Questions of Jurisdiction and Admissibility before International Courts
Author: Yuval Shany
Publisher: Cambridge University Press
ISBN: 1107038790
Category : Law
Languages : en
Pages : 185
Book Description
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Publisher: Cambridge University Press
ISBN: 1107038790
Category : Law
Languages : en
Pages : 185
Book Description
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
A Common Law of International Adjudication
Author: Chester Brown
Publisher: Oxford University Press on Demand
ISBN: 9780199206506
Category : Law
Languages : en
Pages : 303
Book Description
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Publisher: Oxford University Press on Demand
ISBN: 9780199206506
Category : Law
Languages : en
Pages : 303
Book Description
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Selecting International Judges
Author: Ruth Mackenzie
Publisher: Oxford University Press
ISBN: 0199580561
Category : Law
Languages : en
Pages : 255
Book Description
International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.
Publisher: Oxford University Press
ISBN: 0199580561
Category : Law
Languages : en
Pages : 255
Book Description
International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.
International Law in Domestic Courts
Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769
Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769
Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Provisional Measures before International Courts and Tribunals
Author: Cameron A. Miles
Publisher: Cambridge University Press
ISBN: 1107125596
Category : Law
Languages : en
Pages : 591
Book Description
2 Dispute Settlement Under UNCLOS
Publisher: Cambridge University Press
ISBN: 1107125596
Category : Law
Languages : en
Pages : 591
Book Description
2 Dispute Settlement Under UNCLOS
The Legitimacy of International Trade Courts and Tribunals
Author: Robert Howse
Publisher: Studies on International Courts and Tribunals
ISBN: 1108424473
Category : Law
Languages : en
Pages : 547
Book Description
2.2 Procedural Rules and Issues
Publisher: Studies on International Courts and Tribunals
ISBN: 1108424473
Category : Law
Languages : en
Pages : 547
Book Description
2.2 Procedural Rules and Issues
Assessing the Effectiveness of International Courts
Author: Yuval Shany
Publisher: Oxford University Press, USA
ISBN: 0199643296
Category : Law
Languages : en
Pages : 354
Book Description
During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Publisher: Oxford University Press, USA
ISBN: 0199643296
Category : Law
Languages : en
Pages : 354
Book Description
During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.