International Courts
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The Future Of International Courts
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Author : Avidan Kent
language : en
Publisher: Routledge
Release Date : 2019-02-26
The Future Of International Courts written by Avidan Kent and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-26 with Law categories.
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.
Manual On International Courts And Tribunals
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Author : Ruth Mackenzie
language : en
Publisher:
Release Date : 2010
Manual On International Courts And Tribunals written by Ruth Mackenzie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.
The Performance Of International Courts And Tribunals
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Author : Theresa Squatrito
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-05
The Performance Of International Courts And Tribunals written by Theresa Squatrito 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 2018-04-05 with Law categories.
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
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2012-02-17
The Rules Practice And Jurisprudence Of International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-17 with Law categories.
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Assessing The Effectiveness Of International Courts
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Author : Yuval Shany
language : en
Publisher: OUP Oxford
Release Date : 2014-01-31
Assessing The Effectiveness Of International Courts written by Yuval Shany and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-31 with Law categories.
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.
Research Handbook On International Courts And Tribunals
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Author : William A. Schabas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On International Courts And Tribunals written by William A. Schabas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
International Courts And The Development Of International Law
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Author : Nerina Boschiero
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-15
International Courts And The Development Of International Law written by Nerina Boschiero and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-15 with Law categories.
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
The New Terrain Of International Law
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Author : Karen J. Alter
language : en
Publisher: Princeton University Press
Release Date : 2014-01-24
The New Terrain Of International Law written by Karen J. Alter and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-24 with Political Science categories.
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
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.
International Court Authority
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Author : Mikael Rask Madsen
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
International Court Authority written by Mikael Rask Madsen 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 2018-06-28 with Law categories.
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
