Comparative Reasoning In International Courts And Tribunals
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Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2019-06-13 with Law categories.
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Science And Judicial Reasoning
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Author : Katalin Sulyok
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Science And Judicial Reasoning written by Katalin Sulyok 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 2020-10-29 with Business & Economics categories.
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Procedural Fairness In International Courts And Tribunals
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Author : Arman Sarvarian
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2015
Procedural Fairness In International Courts And Tribunals written by Arman Sarvarian and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Court proceedings categories.
Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]
International Judicial Review
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Author : Shai Dothan
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-05
International Judicial Review written by Shai Dothan 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 2020-03-05 with Law categories.
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Courts And Comparative Law
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Courts And Comparative Law written by Mads Tønnesson Andenæs and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Comparative Reasoning In European Supreme Courts
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Author : Michal Bobek
language : en
Publisher: OUP Oxford
Release Date : 2013-08-08
Comparative Reasoning In European Supreme Courts written by Michal Bobek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-08 with Law categories.
The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
Legitimacy And International Courts
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Author : Harlan Grant Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Legitimacy And International Courts written by Harlan Grant Cohen 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 2018-02-22 with Law categories.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Provisional Measures Before International Courts And Tribunals
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Author : Cameron A. Miles
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Provisional Measures Before International Courts And Tribunals written by Cameron A. Miles 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 2018-06-21 with Law categories.
Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
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.
Comparative Reasoning In European Supreme Courts
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Author : Michal Bobek
language : en
Publisher: Oxford University Press
Release Date : 2013-08-08
Comparative Reasoning In European Supreme Courts written by Michal Bobek and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-08 with Law categories.
"An earlier version of the book was defended as a doctoral dissertation in March 2011 at the European University Institute."