The Legitimacy Of International Trade Courts And Tribunals PDF Download
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Author | : Robert Howse |
Publisher | : Studies on International Courts and Tribunals |
Total Pages | : 547 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 1108424473 |
Download The Legitimacy of International Trade Courts and Tribunals Book in PDF, ePub and Kindle
2.2 Procedural Rules and Issues
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 | : Theresa Squatrito |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425690 |
Download The Performance of International Courts and Tribunals Book in PDF, ePub and Kindle
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author | : Freya Baetens |
Publisher | : Cambridge University Press |
Total Pages | : 651 |
Release | : 2019-08-22 |
Genre | : Law |
ISBN | : 1108485855 |
Download Legitimacy of Unseen Actors in International Adjudication Book in PDF, ePub and Kindle
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Author | : William Schabas |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : International courts |
ISBN | : 9781782547778 |
Download International Courts and Tribunals Book in PDF, ePub and Kindle
Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of 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 | : Freya Baetens |
Publisher | : Oxford University Press, USA |
Total Pages | : 593 |
Release | : 2021-02-10 |
Genre | : Law |
ISBN | : 0198870752 |
Download Identity and Diversity on the International Bench Book in PDF, ePub and Kindle
Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.
Author | : Carl Baudenbacher |
Publisher | : Hart Publishing |
Total Pages | : 240 |
Release | : 2005-08 |
Genre | : Law |
ISBN | : |
Download The EFTA Court Book in PDF, ePub and Kindle
This book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.
Author | : Martin Scheinin |
Publisher | : Cambridge University Press |
Total Pages | : 517 |
Release | : 2019-07-25 |
Genre | : Law |
ISBN | : 1108499732 |
Download Human Rights Norms in ‘Other' International Courts Book in PDF, ePub and Kindle
Examines the role and impact of human rights norms in international courts other than human rights courts
Author | : Lukasz Gruszczynski |
Publisher | : OUP Oxford |
Total Pages | : 465 |
Release | : 2014-10-09 |
Genre | : Law |
ISBN | : 0191026492 |
Download Deference in International Courts and Tribunals Book in PDF, ePub and Kindle
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.