The Manual On International Courts And Tribunals

Author : Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands
Publisher : Unknown
Page : 575 pages
File Size : 50,8 Mb
Release : 2010
Category : Law
ISBN : 9780199545278

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Manual on International Courts and Tribunals by Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands Pdf

The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.

Author : Sands,Ruth Mackenzie,Yuval Shany
Publisher : Bloomsbury Professional
Page : 654 pages
File Size : 53,5 Mb
Release : 1999-12-01
Category : Law
ISBN : 1845924908

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Manual on International Courts and Tribunals by Sands,Ruth Mackenzie,Yuval Shany Pdf

"This book provides an overview of the jurisdiction and procedures of all the principal general and specialised international dispute settlement bodies. This includes those established in the areas of human rights; international criminal law; law of the sea; trade; investment and regional economic co-operation; development finance; and the environment. Written by leading experts, this book is a practical guide on how to bring, defend or intervene in proceedings before these institutions and clarify how they work. It provides the information needed to offer advice on the appropriate forum, with the confidence of being fully aware of the global range of possibilities and how to use them."

Author : William A. Schabas,Shannonbrooke Murphy
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 51,5 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 : Theresa Squatrito,Oran R. Young,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 471 pages
File Size : 50,6 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 : Ruth Mackenzie
Publisher : Oxford University Press
Page : 255 pages
File Size : 45,8 Mb
Release : 2010-06-17
Category : Law
ISBN : 9780199580569

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Selecting International Judges by Ruth Mackenzie Pdf

International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

Author : Mikael Rask Madsen
Publisher : Oxford University Press
Page : 450 pages
File Size : 51,8 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 : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 47,5 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 : Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra
Publisher : Springer Nature
Page : 365 pages
File Size : 51,6 Mb
Release : 2020-12-02
Category : Law
ISBN : 9789462654112

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Provisional Measures Issued by International Courts and Tribunals by Fulvio Maria Palombino,Roberto Virzo,Giovanni Zarra Pdf

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Author : Chiara Giorgetti
Publisher : Unknown
Page : 611 pages
File Size : 47,5 Mb
Release : 2012
Category : Civil procedure
ISBN : 6613599689

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The Rules, Practice, and Jurisprudence of International Courts and Tribunals by Chiara Giorgetti Pdf

This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

Author : Rudolf Bernhardt,Max-Planck-Institut fur Auslandisches Offentliches Recht und Volkerrecht, Heidelberg
Publisher : Unknown
Page : 309 pages
File Size : 54,7 Mb
Release : 1981
Category : Electronic
ISBN : OCLC:638745729

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Decisions of International Courts and Tribunals and International Arbitrations by Rudolf Bernhardt,Max-Planck-Institut fur Auslandisches Offentliches Recht und Volkerrecht, Heidelberg Pdf

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 43,6 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781782544869

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The Elgar Companion to the International Court of Justice by Robert Kolb Pdf

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an

Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,5 Mb
Release : 2019-07-31
Category : Law
ISBN : 9781108603676

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Human Rights Norms in ‘Other' International Courts by Martin Scheinin Pdf

This unique book examines the role and impact of human rights norms in international courts other than human rights courts. It covers a whole range of courts and jurisdictions, looking at the practice of prominent international courts, such as the International Court of Justice and the International Criminal Court, as well as various fora of economic adjudication, including the World Trade Organisation, regional integration organisations in Europe and Africa, and investment arbitration. The book systematically explores the role of human rights norms at the International Tribunal for the Law of the Sea, thereby providing an insight into the future evolution of environmental law towards judicial enforcement at the international level. Within each jurisdiction under study, the respective authors, who all are experts within their fields, address the role of different categories of human rights, as well as the range of available modes of operation of human rights norms.

Author : Cecile Hoitink
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2011
Category : International courts
ISBN : 9058506479

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International Courts and Tribunals by Cecile Hoitink Pdf

This book provides a practical and comprehensive overview of the law and practice of all international courts and tribunals and a uniform and systemic presentation of all the relevant information for each court and tribunal. Over the past decade, there has been an increase in the development and use of international law. The rise in the number of international courts and tribunals, and the enlargement of their legal powers, has been one of the most important developments in international law. The emergence of an international judiciary has provided international law with stronger-than-ever enforcement institutes and facilitated the transformation of many aspects of international relations. This second edition updates the first edition by describing the many legal changes that have taken place in the last few years, including important reforms and developments in the laws and procedures of many international courts and tribunals, including a new body: the Extraordinary Chambers in the Court of Cambodia.

Author : Lukasz Gruszczynski,Wouter G. Werner
Publisher : Oxford University Press, USA
Page : 465 pages
File Size : 44,5 Mb
Release : 2014
Category : Law
ISBN : 9780198716945

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Deference in International Courts and Tribunals by Lukasz Gruszczynski,Wouter G. Werner Pdf

International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.

Author : Yuval Shany
Publisher : Oxford University Press on Demand
Page : 348 pages
File Size : 49,6 Mb
Release : 2004
Category : Law
ISBN : 0199274282

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The Competing Jurisdictions of International Courts and Tribunals by Yuval Shany Pdf

Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.