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International Judicial Institutions
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Book Synopsis International Judicial Institutions by : Richard J. Goldstone
Download or read book International Judicial Institutions written by Richard J. Goldstone and published by Routledge. This book was released on 2009-01-13 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former UN Chief Prosecutor and a leading international law expert, this is a much needed, short and accessible introduction to the current debates in international humanitarian law. Analyzing the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. By providing a side-by-side discussion of various institutions and methods, the reader will come to see the ways in which institutions have responded both to prior incarnations as well as the contemporary political environments within which they have operated.
Book Synopsis International Judicial Institutions by : Richard J. Goldstone
Download or read book International Judicial Institutions written by Richard J. Goldstone and published by Routledge. This book was released on 2015-03-05 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.
Book Synopsis Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order by : Md Saiful Karim
Download or read book Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order written by Md Saiful Karim and published by BRILL. This book was released on 2016-10-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism.
Book Synopsis Issues of State Responsibility Before International Judicial Institutions by : M. Fitzmaurice
Download or read book Issues of State Responsibility Before International Judicial Institutions written by M. Fitzmaurice and published by Hart Publishing. This book was released on 2004-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains papers presented at a conference which cover issues of State Responsibility before various international judicial institutions.
Book Synopsis The International Court of Justice by : Serena Forlati
Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
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.
Book Synopsis The International Court of Justice and the Judicial Function by : Gleider I Hernández
Download or read book The International Court of Justice and the Judicial Function written by Gleider I Hernández and published by OUP Oxford. This book was released on 2014-05-29 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.
Book Synopsis International Court Authority by : Mikael Rask Madsen
Download or read book International Court Authority written by Mikael Rask Madsen and published by Oxford University Press. This book was released on 2018-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Contribution of International and Supranational Courts to the Rule of Law by : Geert De Baere
Download or read book The Contribution of International and Supranational Courts to the Rule of Law written by Geert De Baere and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
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 2009-08-31 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.
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.
Book Synopsis Access to Justice and International Organisations by : Rishi Gulati
Download or read book Access to Justice and International Organisations written by Rishi Gulati and published by Cambridge University Press. This book was released on 2022-03-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Book Synopsis International Judicial Legitimacy by : Hélène Ruiz Fabri
Download or read book International Judicial Legitimacy written by Hélène Ruiz Fabri and published by . This book was released on 2020-07-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.
Book Synopsis Judicial Decisions on the Law of International Organizations by : Cedric Ryngaert
Download or read book Judicial Decisions on the Law of International Organizations written by Cedric Ryngaert and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first casebook of its kind Judicial Decisions on the Law of International Organizations contains relevant excerpts of leading court opinions and decisions on the law of international organizations (international institutional law) and critical commentaries written by leading experts in the field.
Book Synopsis The International Judge by : Daniel Terris
Download or read book The International Judge written by Daniel Terris and published by Upne. This book was released on 2007 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary introduction to international judges and their work
Book Synopsis International Judicial Integration and Fragmentation by : Philippa Webb
Download or read book International Judicial Integration and Fragmentation written by Philippa Webb and published by OUP Oxford. This book was released on 2013-05-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.
Book Synopsis Saving the International Justice Regime by : Courtney Hillebrecht
Download or read book Saving the International Justice Regime written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2021-09-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
