The Relevance Of International Adjudication PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Relevance Of International Adjudication PDF full book. Access full book title The Relevance Of International Adjudication.

The Relevance of International Adjudication

The Relevance of International Adjudication
Author: Milton Katz
Publisher: Cambridge : Harvard University Press
Total Pages: 186
Release: 1968
Genre: Law
ISBN:

Download The Relevance of International Adjudication Book in PDF, ePub and Kindle

It has been an ancient and tenacious human hope that mankind could apply to the no man's land between states the experience of domestic law in curbing violence and settling disputes. Within a society, the use of law to resolve disputes and contain violence centers in the courts and the police. Men anxious to restrain international aggression and settle international disputes peaceably have long sought to invoke international policing and adjudication under law. Twice within the past half-century, they have undertaken to build worldwide organizations to keep the peace. The United Nations system assigns a critical role to adjudication under the Charter and international law. In this book, one of America's foremost legal scholars, who has extensive experience in foreign policy, administration, and international law, explores whether and to what extent decisions by international tribunals have been significant, or may yet be significant, for the settlement of international disputes. Mr. Katz believes that adjudication as an institution ranks among the great creative achievements of mankind, but it has its limitations--limits both in current practice and in its potential scope. In presenting his argument; Mr. Katz concentrates upon the period since the end of World War II and deals primarily with international conflict within the experience of the United Nations and the International Court of Justice. He focuses on disputes resulting from the Cold War and on those between established industrial states and newly emerging states or peoples that have not yet attained a full measure of self-government. In examining what happened and appraising what might have happened; Mr. Katz keeps the reader constantly aware of the many meanings of law; and of the need to sort out the different meanings in order to apply law effectively. Without an understanding of the effective reach and the limits of adjudication; he insists; we will waste opportunities for settling international controversies. We can waste opportunities by failing to use international tribunals where they can be effective; we can dissipate the precious resource of adjudication in wishful misapplications; and in misapplying adjudication; we can divert our attention from other ways and means more pertinent to the settlement of particular international disputes.


Experiments in International Adjudication

Experiments in International Adjudication
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
Total Pages: 341
Release: 2019-03-28
Genre: Law
ISBN: 1108474942

Download Experiments in International Adjudication Book in PDF, ePub and Kindle

Examines many seminal experiments in international adjudication and the origins of several major existing international courts.


A Common Law of International Adjudication

A Common Law of International Adjudication
Author: Chester Brown
Publisher: Oxford University Press on Demand
Total Pages: 303
Release: 2007
Genre: Law
ISBN: 9780199206506

Download A Common Law of International Adjudication Book in PDF, ePub and Kindle

Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.


The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication
Author: Cesare PR Romano
Publisher: OUP Oxford
Total Pages: 1072
Release: 2014-01-16
Genre: Law
ISBN: 0191511412

Download The Oxford Handbook of International Adjudication Book in PDF, ePub and Kindle

The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.


Forum Shopping in International Adjudication

Forum Shopping in International Adjudication
Author: Luiz Eduardo Salles
Publisher: Cambridge University Press
Total Pages: 371
Release: 2014-05-22
Genre: Law
ISBN: 1139952471

Download Forum Shopping in International Adjudication Book in PDF, ePub and Kindle

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.


In Whose Name?

In Whose Name?
Author: Armin von Bogdandy
Publisher: OUP Oxford
Total Pages: 298
Release: 2014-07-24
Genre: Law
ISBN: 0191026956

Download In Whose Name? Book in PDF, ePub and Kindle

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.


The Functions of International Adjudication and International Environmental Litigation

The Functions of International Adjudication and International Environmental Litigation
Author: Joshua Paine
Publisher: Cambridge University Press
Total Pages: 369
Release: 2024-05-30
Genre: Law
ISBN: 1108493491

Download The Functions of International Adjudication and International Environmental Litigation Book in PDF, ePub and Kindle

Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.


International Adjudication

International Adjudication
Author: V. S. Mani
Publisher: Brill Archive
Total Pages: 494
Release: 1980
Genre: Law
ISBN: 9789024723676

Download International Adjudication Book in PDF, ePub and Kindle


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

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.