International Judicial Institutions
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International Judicial Institutions
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Author : Richard J. Goldstone
language : en
Publisher: Routledge
Release Date : 2015-03-05
International Judicial Institutions written by Richard J. Goldstone and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-05 with Political Science categories.
This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.
Issues Of State Responsibility Before International Judicial Institutions
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Author : M. Fitzmaurice
language : en
Publisher: Hart Publishing
Release Date : 2004-06
Issues Of State Responsibility Before International Judicial Institutions written by M. Fitzmaurice and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06 with Law categories.
The book contains papers presented at a conference which cover issues of State Responsibility before various international judicial institutions.
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.
The Contribution Of International And Supranational Courts To The Rule Of Law
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Author : Geert De Baere
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Contribution Of International And Supranational Courts To The Rule Of Law written by Geert De Baere 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 2015-11-27 with Law categories.
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
International Judicial Lawmaking
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Author : Armin Von Bogdandy
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-04-24
International Judicial Lawmaking written by Armin Von Bogdandy 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 2012-04-24 with Law categories.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
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.
The International Court Of Justice
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Author : Serena Forlati
language : en
Publisher: Springer
Release Date : 2014-06-23
The International Court Of Justice written by Serena Forlati and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Law categories.
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Maritime Terrorism And The Role Of Judicial Institutions In The International Legal Order
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Author : Md Saiful Karim
language : en
Publisher: BRILL
Release Date : 2016-10-20
Maritime Terrorism And The Role Of Judicial Institutions In The International Legal Order written by Md Saiful Karim and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism.
The Sword And The Scales
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Author : Cesare P. R. Romano
language : en
Publisher: Cambridge University Press
Release Date : 2009-09-07
The Sword And The Scales written by Cesare P. R. Romano 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 2009-09-07 with Law categories.
The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.
International Tribunals And Human Security
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Author : James Meernik
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-08-16
International Tribunals And Human Security written by James Meernik and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Political Science categories.
The purpose of this text is to evaluate the extent to which international judicial institutions—principally the four most prominent tribunals, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court— have proven effective in advancing human security. It examines the processes of international justice, the judicial outcomes of these institutions, and the more long-range impact of their work on human rights and peace to assess their consequences in the affected nations as well as the international community.