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Amicus Curiae before International Courts and Tribunals

Amicus Curiae before International Courts and Tribunals
Author: Astrid Wiik
Publisher: Nomos Verlag
Total Pages: 734
Release: 2018-03-19
Genre: Law
ISBN: 3845275928

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Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.


The Future of International Courts

The Future of International Courts
Author: Avidan Kent
Publisher: Routledge
Total Pages: 284
Release: 2019-02-26
Genre: Law
ISBN: 042987216X

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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.


Research Handbook on International Courts and Tribunals

Research Handbook on International Courts and Tribunals
Author: William A. Schabas
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2017-02-24
Genre:
ISBN: 1781005028

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This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.


Manual on International Courts and Tribunals

Manual on International Courts and Tribunals
Author: Ruth Mackenzie
Publisher:
Total Pages: 575
Release: 2010
Genre: Law
ISBN: 0199545278

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The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.


Strengthening the Validity of International Criminal Tribunals

Strengthening the Validity of International Criminal Tribunals
Author: Joanna Nicholson
Publisher: BRILL
Total Pages: 383
Release: 2018-05-03
Genre: Law
ISBN: 9004343776

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Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.


Case-Law and the Development of International Law

Case-Law and the Development of International Law
Author: Patrícia Galvão Teles
Publisher: Brill Nijhoff
Total Pages: 288
Release: 2021
Genre: Law
ISBN: 9789004467651

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"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"--


The Amicus Curiae in International Criminal Justice

The Amicus Curiae in International Criminal Justice
Author: Sarah Williams
Publisher: Hart Publishing
Total Pages: 0
Release: 2020
Genre:
ISBN: 9781509913350

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"The amicus curiae - or friend of the court - is the main mechanism for actors other than the parties, including civil society actors and States, to participate directly in proceedings in international criminal tribunals. Yet increasing reliance on this mechanism raises a number of questions. Are amicus interventions consistent with the inherent structure and purpose of a criminal trial? What impact might they have on the efficiency of trials, fair trial rights and the quality of judicial decision-making? Do amici enhance the representation of different interests in international criminal proceedings? Are amicus submissions actually influencing judicial or other outcomes? Is there a trend towards 'non-traditional' uses of the amicus curiae, such as the amicus curiae prosecutor or amici as substitute defence counsel? These questions suggest issues integral to the legitimacy of international criminal trials and institutions, namely: who is able to be represented in proceedings, which actors seek to intervene in trials and why, whether the amicus curiae is an appropriate avenue for certain types of submissions, and what responsibilities might amici hold. This important new book examines the practice of international criminal tribunals and offers suggestions for the role of the amicus curiae before such tribunals"--...


Public Interest Litigation in International Law

Public Interest Litigation in International Law
Author: Justine Bendel
Publisher: Taylor & Francis
Total Pages: 282
Release: 2023-09-25
Genre: Law
ISBN: 1000953602

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In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future


Civil Society, International Courts and Compliance Bodies

Civil Society, International Courts and Compliance Bodies
Author: Tullio Treves
Publisher: Cambridge University Press
Total Pages: 348
Release: 2005
Genre: Law
ISBN: 9789067041867

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With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.


The Amicus Curiae in International Criminal Justice

The Amicus Curiae in International Criminal Justice
Author: Sarah Williams
Publisher: Bloomsbury Publishing
Total Pages: 395
Release: 2020-02-06
Genre: Law
ISBN: 1509913335

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The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.