A Common Law Of International Adjudication
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A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher: International Courts and Tribu
Release Date : 2009
A Common Law Of International Adjudication written by Chester Brown and has been published by International Courts and Tribu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.
A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher: Oxford University Press on Demand
Release Date : 2007
A Common Law Of International Adjudication written by Chester Brown and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
A Common Law Of International Adjudication
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Author : Chester Brown
language : en
Publisher:
Release Date : 2007
A Common Law Of International Adjudication written by Chester Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Arbitration (International law) categories.
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.
The Prospects Of International Adjudication
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Author :
language : en
Publisher: Taylor & Francis
Release Date :
The Prospects Of International Adjudication written by and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
International Commercial Courts
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Author : Stavros Brekoulakis
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-21
International Commercial Courts written by Stavros Brekoulakis and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Judging At The Interface
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Author : Esmé Shirlow
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Judging At The Interface written by Esmé Shirlow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
In Whose Name
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Author : Armin von Bogdandy
language : en
Publisher: International Courts and Tribu
Release Date : 2014
In Whose Name written by Armin von Bogdandy and has been published by International Courts and Tribu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
Questions Of Jurisdiction And Admissibility Before International Courts
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Author : Yuval Shany
language : en
Publisher: Cambridge University Press
Release Date : 2016
Questions Of Jurisdiction And Admissibility Before International Courts written by Yuval Shany and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Judicial Deference In International Adjudication
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Author : Johannes Hendrik Fahner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Judicial Deference In International Adjudication written by Johannes Hendrik Fahner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
A Century Of International Adjudication The Rule Of Law And Its Limits
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Author : Jean Allain
language : en
Publisher: T.M.C. Asser Press
Release Date : 2000-11-15
A Century Of International Adjudication The Rule Of Law And Its Limits written by Jean Allain and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-15 with Law categories.
This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.