The Performance of International Courts and Tribunals

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108425690
Total Pages : 471 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Performance of International Courts and Tribunals by : Theresa Squatrito

Download or read book The Performance of International Courts and Tribunals written by Theresa Squatrito and published by Cambridge University Press. This book was released on 2018-04-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Comparative Reasoning in International Courts and Tribunals

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Publisher : Cambridge University Press
ISBN 13 : 1108415474
Total Pages : 293 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat

Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

International Courts and Tribunals

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Author :
Publisher :
ISBN 13 : 9781782547778
Total Pages : 0 pages
Book Rating : 4.5/5 (477 download)

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Book Synopsis International Courts and Tribunals by : William Schabas

Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legitimacy and International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legitimacy and International Courts by : Nienke Grossman

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Manual on International Courts and Tribunals

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Author :
Publisher :
ISBN 13 : 0199545278
Total Pages : 575 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Manual on International Courts and Tribunals by : Ruth Mackenzie

Download or read book Manual on International Courts and Tribunals written by Ruth Mackenzie and published by . This book was released on 2010 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rules, Practice, and Jurisprudence of International Courts and Tribunals

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Author :
Publisher : BRILL
ISBN 13 : 9004194835
Total Pages : 644 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Rules, Practice, and Jurisprudence of International Courts and Tribunals by : Chiara Giorgetti

Download or read book The Rules, Practice, and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2012-02-17 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on International Courts and Tribunals

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005028
Total Pages : 576 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on International Courts and Tribunals by : William A. Schabas

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 576 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.

The Legitimacy of International Trade Courts and Tribunals

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Author :
Publisher : Studies on International Courts and Tribunals
ISBN 13 : 1108424473
Total Pages : 547 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Legitimacy of International Trade Courts and Tribunals by : Robert Howse

Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues

Jurisdiction of International Tribunals

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041118387
Total Pages : 952 pages
Book Rating : 4.1/5 (183 download)

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Book Synopsis Jurisdiction of International Tribunals by : Chittharanjan Félix Amerasinghe

Download or read book Jurisdiction of International Tribunals written by Chittharanjan Félix Amerasinghe and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: (3) Who may refer.

Case-Law and the Development of International Law

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Publisher : BRILL
ISBN 13 : 9004467661
Total Pages : 288 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Case-Law and the Development of International Law by : Patrícia Galvão Teles

Download or read book Case-Law and the Development of International Law written by Patrícia Galvão Teles and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

International Courts and the Development of International Law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (883 download)

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Book Synopsis International Courts and the Development of International Law by :

Download or read book International Courts and the Development of International Law written by and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a subsidiary means for the determination of rules of law. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others Are these cases compatible with the common belief that a judge cannot create law Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator Do decisions by different courts lead to the consequence of a fragmented international law.

Provisional Measures Issued by International Courts and Tribunals

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Author :
Publisher : Springer Nature
ISBN 13 : 9462654115
Total Pages : 365 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Provisional Measures Issued by International Courts and Tribunals by : Fulvio Maria Palombino

Download or read book Provisional Measures Issued by International Courts and Tribunals written by Fulvio Maria Palombino and published by Springer Nature. This book was released on 2020-12-02 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights Norms in ‘Other' International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108499732
Total Pages : 517 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights Norms in ‘Other' International Courts by : Martin Scheinin

Download or read book Human Rights Norms in ‘Other' International Courts written by Martin Scheinin and published by Cambridge University Press. This book was released on 2019-07-25 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the role and impact of human rights norms in international courts other than human rights courts

Deference in International Courts and Tribunals

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Publisher : Oxford University Press, USA
ISBN 13 : 019871694X
Total Pages : 465 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Deference in International Courts and Tribunals by : Lukasz Gruszczynski

Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by Oxford University Press, USA. This book was released on 2014 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

In Whose Name?

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Publisher : International Courts and Tribu
ISBN 13 : 0198717466
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis In Whose Name? by : Armin von Bogdandy

Download or read book In Whose Name? written by Armin von Bogdandy and published by International Courts and Tribu. This book was released on 2014 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.

The Future of International Courts

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Publisher : Routledge
ISBN 13 : 042987216X
Total Pages : 284 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Future of International Courts by : Avidan Kent

Download or read book The Future of International Courts written by Avidan Kent and published by Routledge. This book was released on 2019-02-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Sword and the Scales

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Publisher : Cambridge University Press
ISBN 13 : 052140746X
Total Pages : 493 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis The Sword and the Scales by : Cesare P. R. Romano

Download or read book The Sword and the Scales written by Cesare P. R. Romano and published by Cambridge University Press. This book was released on 2009-09-07 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.