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Author : Julie E. Cohen
Publisher :
ISBN 13 : 9780191830976
Total Pages : pages
Book Rating : 4.8/5 (39 download)
Download or read book Between Truth and Power: The Legal Constructions of Informational Capitalism written by Julie E. Cohen and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : V. S. Mani
Publisher : Brill Archive
ISBN 13 : 9789024723676
Total Pages : 494 pages
Book Rating : 4.7/5 (236 download)
Download or read book International Adjudication written by V. S. Mani and published by Brill Archive. This book was released on 1980 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sivan Shlomo Agon
Publisher : Oxford University Press, USA
ISBN 13 : 0198788967
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)
Download or read book International Adjudication on Trial written by Sivan Shlomo Agon and published by Oxford University Press, USA. This book was released on 2019-09-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Johannes Hendrik Fahner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932305
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ignacio de la Rasilla
Publisher : Cambridge University Press
ISBN 13 : 1108474942
Total Pages : 341 pages
Book Rating : 4.1/5 (84 download)
Download or read book Experiments in International Adjudication written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2019-03-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
Author : V S Mani
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900463620X
Total Pages : 476 pages
Book Rating : 4.0/5 (46 download)
Download or read book International Adjudication written by V S Mani and published by Martinus Nijhoff Publishers. This book was released on 1981-02 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cesare PR Romano
Publisher : OUP Oxford
ISBN 13 : 0191511412
Total Pages : 1072 pages
Book Rating : 4.1/5 (915 download)
Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Chester Brown
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199206506
Total Pages : 303 pages
Book Rating : 4.2/5 (65 download)
Download or read book A Common Law of International Adjudication written by Chester Brown and published by Oxford University Press on Demand. This book was released on 2007 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Luiz Eduardo Salles
Publisher : Cambridge University Press
ISBN 13 : 1139952471
Total Pages : 371 pages
Book Rating : 4.1/5 (399 download)
Download or read book Forum Shopping in International Adjudication written by Luiz Eduardo Salles and published by Cambridge University Press. This book was released on 2014-05-22 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Author : Jean Allain
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041256
Total Pages : 264 pages
Book Rating : 4.0/5 (412 download)
Download or read book A Century of International Adjudication:The Rule of Law and Its Limits written by Jean Allain and published by T.M.C. Asser Press. This book was released on 2000-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jean Allain
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045773
Total Pages : 0 pages
Book Rating : 4.0/5 (457 download)
Download or read book A Century of International Adjudication:The Rule of Law and Its Limits written by Jean Allain and published by T.M.C. Asser Press. This book was released on 2000-11-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Clarence Wilfred Jenks
Publisher :
ISBN 13 :
Total Pages : 858 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Prospects of International Adjudication written by Clarence Wilfred Jenks and published by . This book was released on 1964 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Armin von Bogdandy
Publisher : OUP Oxford
ISBN 13 : 0191026948
Total Pages : 305 pages
Book Rating : 4.1/5 (91 download)
Download or read book In Whose Name? written by Armin von Bogdandy and published by OUP Oxford. This book was released on 2014-07-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Esmé Shirlow
Publisher : Cambridge University Press
ISBN 13 : 1108853021
Total Pages : 381 pages
Book Rating : 4.1/5 (88 download)
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.
Author : William A. Schabas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005028
Total Pages : 573 pages
Book Rating : 4.7/5 (81 download)
Download or read book Research Handbook on International Courts and Tribunals written by William A. Schabas and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Chester Brown
Publisher : International Courts and Tribu
ISBN 13 : 9780199563906
Total Pages : 0 pages
Book Rating : 4.5/5 (639 download)
Download or read book A Common Law of International Adjudication written by Chester Brown and published by International Courts and Tribu. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.
Author : Ram Prakash Anand
Publisher : Delhi : Vikas Publications ; Dobbs Ferry, N.Y. : Oceana Publications
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.3/5 (91 download)
Download or read book Studies in International Adjudication written by Ram Prakash Anand and published by Delhi : Vikas Publications ; Dobbs Ferry, N.Y. : Oceana Publications. This book was released on 1969 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
