The Future Of International Courts

Author : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 46,6 Mb
Release : 2019-02-26
Category : Law
ISBN : 9780429872167

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The Future of International Courts by Avidan Kent,Nikos Skoutaris,Jamie Trinidad Pdf

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.

Author : Leo Gross
Publisher : Dobbs Ferry, N.Y. : Oceana Publications
Page : 464 pages
File Size : 48,9 Mb
Release : 1976
Category : Law
ISBN : UOM:39015008603931

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The Future of the International Court of Justice by Leo Gross Pdf

Author : Muller,David Raic,J.M. Thuránszky
Publisher : BRILL
Page : 467 pages
File Size : 51,6 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004640870

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The International Court of Justice by Muller,David Raic,J.M. Thuránszky Pdf

This is the third volume in the series by the Leiden Journal of International Law dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as roles played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.

Author : Philippe Sands
Publisher : Cambridge University Press
Page : 210 pages
File Size : 52,8 Mb
Release : 2003-03-06
Category : History
ISBN : 0521536766

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From Nuremberg to The Hague by Philippe Sands Pdf

This 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.

Author : Oliver James Lissitzyn
Publisher : The Lawbook Exchange, Ltd.
Page : 134 pages
File Size : 49,5 Mb
Release : 2006
Category : International courts
ISBN : 9781584777021

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The International Court of Justice by Oliver James Lissitzyn Pdf

A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.

Author : A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky
Publisher : Martinus Nijhoff Publishers
Page : 472 pages
File Size : 54,5 Mb
Release : 1997-01-01
Category : Law
ISBN : 9041103252

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The International Court of Justice by A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky Pdf

This is the third volume in the series by the "Leiden Journal of" "International Law" dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as "roles "played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.

Author : Stavros Brekoulakis,Georgios Dimitropoulos
Publisher : Cambridge University Press
Page : 591 pages
File Size : 41,9 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781316519257

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International Commercial Courts by Stavros Brekoulakis,Georgios Dimitropoulos Pdf

The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Author : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 52,5 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781108425698

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The Performance of International Courts and Tribunals by Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein Pdf

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Author : Manley Ottmer Hudson,Brookings Institution
Publisher : Washington, Carnegie Endowment for International Peace
Page : 306 pages
File Size : 45,5 Mb
Release : 1944
Category : International courts
ISBN : UOM:39015051646522

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International Tribunals by Manley Ottmer Hudson,Brookings Institution Pdf

Author : T O Elias
Publisher : Martinus Nijhoff Publishers
Page : 384 pages
File Size : 51,5 Mb
Release : 1983-05
Category : Business & Economics
ISBN : 9789004634497

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The International Court of Justice and Some Contemporary Problems by T O Elias Pdf

Author : Mikael Rask Madsen
Publisher : Oxford University Press
Page : 450 pages
File Size : 43,5 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780192515049

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International Court Authority by Mikael Rask Madsen Pdf

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.

Author : Bertrand Ramcharan
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 50,8 Mb
Release : 2023-03-18
Category : Law
ISBN : 9462655219

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Modernizing the Role of the International Court of Justice by Bertrand Ramcharan Pdf

This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.

Author : William A. Schabas,Shannonbrooke Murphy
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 47,6 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781781005026

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Research Handbook on International Courts and Tribunals by William A. Schabas,Shannonbrooke Murphy Pdf

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.

Author : Antonio Cassese
Publisher : OUP Oxford
Page : 723 pages
File Size : 48,9 Mb
Release : 2012-03-08
Category : Law
ISBN : 9780191627712

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Realizing Utopia by Antonio Cassese Pdf

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Author : Karel Wellens
Publisher : BRILL
Page : 218 pages
File Size : 45,9 Mb
Release : 2015-09-10
Category : Law
ISBN : 9789004271685

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International Law in Silver Perspective by Karel Wellens Pdf

In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.