International Adjudication
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International Adjudication
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Author : V. S. Mani
language : en
Publisher: Brill Archive
Release Date : 1980
International Adjudication written by V. S. Mani and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
The Prospects Of International Adjudication
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Author : Clarence Wilfred Jenks
language : en
Publisher:
Release Date : 1964
The Prospects Of International Adjudication written by Clarence Wilfred Jenks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with International courts categories.
Experiments In International Adjudication
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Author : Ignacio de la Rasilla
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Experiments In International Adjudication written by Ignacio de la Rasilla 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 2019-03-28 with Law categories.
Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
The Oxford Handbook Of International Adjudication
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Author : Cesare Romano
language : en
Publisher: Oxford University Press
Release Date : 2014
The Oxford Handbook Of International Adjudication written by Cesare Romano 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 2014 with Law categories.
Includes one folded poster attach to front cover.
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.
Systems Of Control In International Adjudication And Arbitration
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Author : William Michael Reisman
language : en
Publisher:
Release Date : 1992
Systems Of Control In International Adjudication And Arbitration written by William Michael Reisman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down. Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others. Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.
International Adjudication
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Author : V S Mani
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-02
International Adjudication written by V S Mani and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-02 with Law categories.
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.
Legitimacy Of Unseen Actors In International Adjudication
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Author : Freya Baetens
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
Legitimacy Of Unseen Actors In International Adjudication written by Freya Baetens 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 2019-08-22 with Law categories.
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
By Peaceful Means
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-18
By Peaceful Means written by 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 2024-01-18 with Law categories.
The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs. This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration, the five regional courts adjudicating inter-state disputes in Africa, and the Singapore Convention. Other essays consider sociological approaches to international dispute resolution, and whether international dispute resolution can or should be apolitical. The essays converse with the breadth of Caron's work, his key decisions, and his guidance to lawyers, students, judges, and arbitrators. By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future. The collection is an indispensable work for students, scholars, and practitioners of international law, offering a testament to the work and accomplishments of David Caron, written by friends and colleagues, in dedication to his remarkable legacy.