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A Common Law of International Adjudication

A Common Law of International Adjudication
Author: Chester Brown
Publisher: International Courts and Tribu
Total Pages: 0
Release: 2009
Genre: Language Arts & Disciplines
ISBN: 9780199563906

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Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.


International Commercial Courts

International Commercial Courts
Author: Stavros Brekoulakis
Publisher: Cambridge University Press
Total Pages: 591
Release: 2022-04-21
Genre: Law
ISBN: 1316519252

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The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.


Judging at the Interface

Judging at the Interface
Author: Esmé Shirlow
Publisher: Cambridge University Press
Total Pages: 381
Release: 2021-02-18
Genre: Law
ISBN: 1108490972

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This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.


Questions of Jurisdiction and Admissibility before International Courts

Questions of Jurisdiction and Admissibility before International Courts
Author: Yuval Shany
Publisher: Cambridge University Press
Total Pages: 185
Release: 2016
Genre: Law
ISBN: 1107038790

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Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.


In Whose Name?

In Whose Name?
Author: Armin von Bogdandy
Publisher: International Courts and Tribu
Total Pages: 305
Release: 2014
Genre: Law
ISBN: 0198717466

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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.


Legitimacy of Unseen Actors in International Adjudication

Legitimacy of Unseen Actors in International Adjudication
Author: Freya Baetens
Publisher: Cambridge University Press
Total Pages: 651
Release: 2019-08-22
Genre: Law
ISBN: 1108485855

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Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.


Legitimacy and International Courts

Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
Total Pages: 397
Release: 2018-02-22
Genre: Law
ISBN: 1108540228

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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.


Judicial Deference in International Adjudication

Judicial Deference in International Adjudication
Author: Johannes Hendrik Fahner
Publisher: Bloomsbury Publishing
Total Pages: 312
Release: 2020-08-06
Genre: Law
ISBN: 1509932305

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International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.


A Century of International Adjudication:The Rule of Law and Its Limits

A Century of International Adjudication:The Rule of Law and Its Limits
Author: Jean Allain
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2000-11-15
Genre: Law
ISBN: 9789067045773

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This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.