International Judicial Institutions
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Author | : Richard J. Goldstone |
Publisher | : Routledge |
Total Pages | : 282 |
Release | : 2009-01-13 |
Genre | : Political Science |
ISBN | : 1135971269 |
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.
Author | : Serena Forlati |
Publisher | : Springer |
Total Pages | : 239 |
Release | : 2014-06-23 |
Genre | : Law |
ISBN | : 3319061798 |
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.
Author | : Theresa Squatrito |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425690 |
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author | : Gleider Hernandez |
Publisher | : |
Total Pages | : 369 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199646635 |
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Author | : William Schabas |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : International courts |
ISBN | : 9781782547778 |
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.
Author | : Chiara Giorgetti |
Publisher | : BRILL |
Total Pages | : 644 |
Release | : 2012-02-17 |
Genre | : Law |
ISBN | : 9004194835 |
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author | : Courtney Hillebrecht |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2021-09-30 |
Genre | : Law |
ISBN | : 1009059556 |
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?
Author | : Karen J. Alter |
Publisher | : Princeton University Press |
Total Pages | : 477 |
Release | : 2014-01-24 |
Genre | : Political Science |
ISBN | : 1400848687 |
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Author | : Henry G. Schermers |
Publisher | : BRILL |
Total Pages | : 1309 |
Release | : 2011-09-05 |
Genre | : Law |
ISBN | : 9004187979 |
For the e-version of the NEW 6th Edition of International Institutional Law, please go to: https://brill.com/view/title/36421 In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners. See International Institutional paperback Edition
Author | : Oktawian Kuc |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Law |
ISBN | : 9781032006895 |
Recent decades have brought international and municipal courts much closer together and induced a meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level.