The Future Of International Courts
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| Author | : Avidan Kent |
| Publisher | : Routledge |
| Total Pages | : 267 |
| Release | : 2019-03-01 |
| 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 | : Stavros Brekoulakis |
| Publisher | : Cambridge University Press |
| Total Pages | : 591 |
| Release | : 2022-04-21 |
| Genre | : Law |
| ISBN | : 1316519252 |
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
| 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 | : 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 | : Zbynek Loebl |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 224 |
| Release | : 2019-11-01 |
| Genre | : Law |
| ISBN | : 9403517123 |
The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following: how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks; how to approach the potential for international standardization; how to plan for cooperation rather than competition with private ODR platforms; and how to avoid the mistakes of the earliest online courts. Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software. With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.
| 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 | : 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 | : Martin Scheinin |
| Publisher | : Cambridge University Press |
| Total Pages | : 517 |
| Release | : 2019-07-25 |
| Genre | : Law |
| ISBN | : 1108499732 |
Examines the role and impact of human rights norms in international courts other than human rights courts
| Author | : Patrícia Galvão Teles |
| Publisher | : Brill Nijhoff |
| Total Pages | : 288 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 9789004467651 |
"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"--
| Author | : James Thuo Gathii |
| Publisher | : Oxford University Press |
| Total Pages | : 385 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 0192638963 |
The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serves as a platform to galvanize resistance against continued authoritarian rule, especially from outside the conflict countries. Ultimately, the book shows that these courts must be judged against new and broader criteria, and understood as increasingly important venues for waging political, social, environmental, and legal struggles.
