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Author : Ignacio de la Rasilla,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 341 pages
File Size : 52,7 Mb
Release : 2019-03-28
Category : Law
ISBN : 9781108474948
Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
Author : Chester Brown
Publisher : Oxford University Press on Demand
Page : 303 pages
File Size : 43,6 Mb
Release : 2007
Category : Law
ISBN : 0199206503
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.
Author : Armin von Bogdandy,Ingo Venzke
Publisher : International Courts and Tribu
Page : 305 pages
File Size : 51,5 Mb
Release : 2014
Category : Law
ISBN : 9780198717461
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.
Author : Cesare PR Romano,Karen J Alter,Yuval Shany
Publisher : OUP Oxford
Page : 1072 pages
File Size : 49,7 Mb
Release : 2014-01-16
Category : Law
ISBN : 9780191511417
The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
Author : Sivan Shlomo Agon
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 46,5 Mb
Release : 2019-09-12
Category : Law
ISBN : 9780198788966
This book puts forward a multidimensional goal-based framework for analysing the effectiveness of the WTO dispute settlement system, while challenging the tendency in current literature to capture the effectiveness of this complex international adjudicatory system through the narrow and fixed concept of compliance. Drawing on the goals - based approach-the book broadly conceptualizes the effectiveness of the WTO dispute settlement system as the extent to which this system achieves its goals, while using the multiple conflicting and shifting objectives set for the system by WTO Members as the key effectiveness benchmarks. In so doing, it offers a comprehensive empirical account of the manifold and contradictory goals-beyond compliance-entrusted with the WTO dispute settlement system by its mandate providers, and probes the complex trade-offs struck between the multiple goals on the ground. This work addresses cutting-edge legal and institutional questions while implementing a qualitative empirical research design. Drawing on numerous interviews with WTO adjudicators, staff members of the WTO Secretariat, state officials, and trade lawyers, Agon crafts an insider's look into the actual world of WTO adjudication and sets out a framework for a more nuanced and complex analysis of judicial effectiveness at the WTO.
Author : Stavros Brekoulakis,Georgios Dimitropoulos
Publisher : Cambridge University Press
Page : 591 pages
File Size : 40,5 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781316519257
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Author : William Michael Reisman
Publisher : Unknown
Page : 200 pages
File Size : 40,7 Mb
Release : 1992
Category : Law
ISBN : UOM:39015022253077
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.
Author : Freya Baetens
Publisher : Cambridge University Press
Page : 651 pages
File Size : 41,6 Mb
Release : 2019-08-22
Category : Law
ISBN : 9781108485852
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Author : Andrew Burr
Publisher : Taylor & Francis
Page : 534 pages
File Size : 48,9 Mb
Release : 2017-04-07
Category : Law
ISBN : 9781315294513
A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.
Author : Esmé Shirlow
Publisher : Cambridge University Press
Page : 381 pages
File Size : 45,6 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108490979
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Author : Horatia Muir Watt,,Lucia Bíziková,Agatha Brandão de Oliveira,Diego P. Fernandez Arroyo
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 40,7 Mb
Release : 2024-07-03
Category : Electronic
ISBN : 9781788119238
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author : Clarence Wilfred Jenks
Publisher : Unknown
Page : 858 pages
File Size : 51,6 Mb
Release : 1964
Category : International courts
ISBN : UOM:39015017669980
Author : Johannes Hendrik Fahner
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 43,5 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509932306
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.
Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 43,8 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author : V S Mani
Publisher : Martinus Nijhoff Publishers
Page : 476 pages
File Size : 51,6 Mb
Release : 1981-02
Category : Law
ISBN : 9789004636200