The Rules, Practice, and Jurisprudence of International Courts and Tribunals

The Rules, Practice, and Jurisprudence of International Courts and Tribunals
Author: Chiara Giorgetti
Publisher: BRILL
Total Pages: 644
Release: 2012-02-17
Genre: Law
ISBN: 9004194835

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This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

Comparative Reasoning in International Courts and Tribunals

Comparative Reasoning in International Courts and Tribunals
Author: Daniel Peat
Publisher: Cambridge University Press
Total Pages: 293
Release: 2019-06-13
Genre: Law
ISBN: 1108415474

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This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

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.

The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals
Author: Theresa Squatrito
Publisher: Cambridge University Press
Total Pages: 471
Release: 2018-04-05
Genre: Law
ISBN: 1108425690

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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

International Courts and Tribunals

International Courts and Tribunals
Author: William Schabas
Publisher:
Total Pages: 0
Release: 2014
Genre: International courts
ISBN: 9781782547778

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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.

Jurisdiction of International Tribunals

Jurisdiction of International Tribunals
Author: Chittharanjan Félix Amerasinghe
Publisher: Martinus Nijhoff Publishers
Total Pages: 952
Release: 2003
Genre: Law
ISBN: 9789041118387

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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.

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 Legitimacy of International Trade Courts and Tribunals

The Legitimacy of International Trade Courts and Tribunals
Author: Robert Howse
Publisher: Studies on International Courts and Tribunals
Total Pages: 547
Release: 2018-04-12
Genre: Law
ISBN: 1108424473

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2.2 Procedural Rules and Issues

Deference in International Courts and Tribunals

Deference in International Courts and Tribunals
Author: Lukasz Gruszczynski
Publisher: Oxford University Press, USA
Total Pages: 465
Release: 2014
Genre: Law
ISBN: 019871694X

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International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.