Comparative Reasoning In International Courts And Tribunals PDF Download
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Author | : Daniel Peat |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-07-31 |
Genre | : Law |
ISBN | : 1108244726 |
Download Comparative Reasoning in International Courts and Tribunals Book in PDF, ePub and Kindle
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Author | : Daniel Peat |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2019-06-13 |
Genre | : Law |
ISBN | : 1108415474 |
Download Comparative Reasoning in International Courts and Tribunals Book in PDF, ePub and Kindle
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author | : Katalin Sulyok |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2020-10-29 |
Genre | : Business & Economics |
ISBN | : 1108489664 |
Download Science and Judicial Reasoning Book in PDF, ePub and Kindle
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author | : Caroline E. Foster |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2011-03-24 |
Genre | : Law |
ISBN | : 1139500163 |
Download Science and the Precautionary Principle in International Courts and Tribunals Book in PDF, ePub and Kindle
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.
Author | : Nienke Grossman |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 1108540228 |
Download Legitimacy and International Courts Book in PDF, ePub and Kindle
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 | : Michal Bobek |
Publisher | : OUP Oxford |
Total Pages | : 1393 |
Release | : 2013-08-08 |
Genre | : Law |
ISBN | : 0191669997 |
Download Comparative Reasoning in European Supreme Courts Book in PDF, ePub and Kindle
The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
Author | : Shai Dothan |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2020-03-05 |
Genre | : Law |
ISBN | : 1108488765 |
Download International Judicial Review Book in PDF, ePub and Kindle
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author | : Mads Tønnesson Andenæs |
Publisher | : Oxford University Press, USA |
Total Pages | : 756 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198735332 |
Download Courts and Comparative Law Book in PDF, ePub and Kindle
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Author | : Cameron A. Miles |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2018-06-21 |
Genre | : Law |
ISBN | : 9781107565173 |
Download Provisional Measures before International Courts and Tribunals Book in PDF, ePub and Kindle
Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
Author | : Yuval Shany |
Publisher | : Cambridge University Press |
Total Pages | : 185 |
Release | : 2016 |
Genre | : Law |
ISBN | : 1107038790 |
Download Questions of Jurisdiction and Admissibility before International Courts Book in PDF, ePub and Kindle
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.