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Author : Julie E. Cohen
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2019
Category : Electronic
ISBN : 0191830976
Author : Sivan Shlomo Agon
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 41,8 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 : Jean Allain
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 41,7 Mb
Release : 2000-11-15
Category : Law
ISBN : 9067045772
This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.
Author : Cesare PR Romano,Karen J Alter,Yuval Shany
Publisher : OUP Oxford
Page : 1072 pages
File Size : 52,7 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 : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 47,7 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134502090
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Author : Horatia Muir Watt,,Lucia Bíziková,Agatha Brandão de Oliveira,Diego P. Fernandez Arroyo
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 53,6 Mb
Release : 2024-07-01
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 : Sivan Shlomo Agon
Publisher : Oxford University Press
Page : 352 pages
File Size : 51,8 Mb
Release : 2019-09-12
Category : Law
ISBN : 9780191093364
Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, are the WTO DSS expected to achieve? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.
Author : Amal Clooney,Philippa Webb
Publisher : Oxford University Press
Page : 500 pages
File Size : 43,5 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192536082
The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Author : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 53,7 Mb
Release : 2016
Category : Law
ISBN : 9781107038790
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Author : César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco
Publisher : Cambridge University Press
Page : 235 pages
File Size : 45,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781107078888
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author : Ignacio de la Rasilla,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 341 pages
File Size : 43,9 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 : THOMAS E. CARBONNEAU,William E. Butler,Henry Allen Blair
Publisher : West Academic Publishing
Page : 1051 pages
File Size : 51,5 Mb
Release : 2020-07-03
Category : Electronic
ISBN : 1642425834
Description Coming Soon!
Author : Jan Paulsson
Publisher : Cambridge University Press
Page : 307 pages
File Size : 50,5 Mb
Release : 2005-10-06
Category : Law
ISBN : 9781139448284
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 50,7 Mb
Release : 2015
Category : Law
ISBN : 9780198705161
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 42,9 Mb
Release : 2017
Category : Law
ISBN : 9780190642709
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.