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Author : Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 52,8 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781108424479
2.2 Procedural Rules and Issues
Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 53,7 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Author : Michelle Zang
Publisher : Edward Elgar Publishing
Page : 168 pages
File Size : 50,7 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788979795
In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.
Author : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 45,8 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781108425698
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author : Carl Baudenbacher,Per Tresselt,Þorgeir Örlygsson
Publisher : Hart Publishing
Page : 240 pages
File Size : 40,9 Mb
Release : 2005-08
Category : Law
ISBN : UOM:39015062564250
This book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.
Author : Lukasz Gruszczynski,Wouter Werner
Publisher : OUP Oxford
Page : 400 pages
File Size : 44,8 Mb
Release : 2014-10-09
Category : Law
ISBN : 9780191026492
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 517 pages
File Size : 40,8 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781108499736
Examines the role and impact of human rights norms in international courts other than human rights courts
Author : Gábor Kajtár,Basak Çali,Marko Milanovic
Publisher : Oxford University Press
Page : 369 pages
File Size : 54,9 Mb
Release : 2022-10-31
Category : Law
ISBN : 9780192695611
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Author : Freya Baetens
Publisher : Cambridge University Press
Page : 651 pages
File Size : 46,6 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 : Freya Baetens
Publisher : Cambridge University Press
Page : 650 pages
File Size : 46,9 Mb
Release : 2021-04-08
Category : Law
ISBN : 1108725287
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
Author : Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford
Publisher : Cambridge University Press
Page : 341 pages
File Size : 40,8 Mb
Release : 2020-07-02
Category : Business & Economics
ISBN : 9781108487405
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
Author : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 54,6 Mb
Release : 2019-02-26
Category : Law
ISBN : 9780429872167
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 : William A. Schabas,Shannonbrooke Murphy
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 40,5 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781781005026
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 : Freya Baetens,Professor of Public International Law Freya Baetens
Publisher : Oxford University Press, USA
Page : 593 pages
File Size : 47,7 Mb
Release : 2021-02-10
Category : Law
ISBN : 9780198870753
Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.
Author : William Schabas
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2014
Category : International courts
ISBN : 1782547770
Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.
