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| Author | : Tobias Lock |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 305 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199660476 |
The Court of Justice of the European Union holds exclusive jurisdiction that extends to many international treaties, which can result in conflict of interpretation. This book compares the relationship of the Court of Justice to other courts and treaties, and examines how conflict of interpretation is largely avoided.
| Author | : Dário Moura Vicente |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 595 |
| Release | : 2016-04-08 |
| Genre | : Law |
| ISBN | : 9004298711 |
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
| Author | : Mikael Rask Madsen |
| Publisher | : Cambridge University Press |
| Total Pages | : 389 |
| Release | : 2022-05-26 |
| Genre | : Law |
| ISBN | : 1316511294 |
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
| Author | : Nienke Grossman |
| Publisher | : Cambridge University Press |
| Total Pages | : 397 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : 1108540228 |
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.
| Author | : Yuval Shany |
| Publisher | : OUP Oxford |
| Total Pages | : 354 |
| Release | : 2014-01-31 |
| Genre | : Law |
| ISBN | : 0191640212 |
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
| 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 | : Avidan Kent |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2019-02-26 |
| Genre | : Law |
| ISBN | : 042987216X |
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 | : Daniel Peat |
| Publisher | : Cambridge University Press |
| Total Pages | : 293 |
| Release | : 2019-06-13 |
| Genre | : Law |
| ISBN | : 1108415474 |
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
| Author | : Geert De Baere |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 413 |
| Release | : 2015-11-27 |
| Genre | : Law |
| ISBN | : 1783476621 |
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.
| Author | : Clifford J. Carrubba |
| Publisher | : Cambridge University Press |
| Total Pages | : 253 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 1107065720 |
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
