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| Author | : Freya Baetens |
| Publisher | : Cambridge University Press |
| Total Pages | : 651 |
| Release | : 2019-08-22 |
| Genre | : Law |
| ISBN | : 1108485855 |
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
| Author | : Nienke Grossman |
| Publisher | : Cambridge University Press |
| Total Pages | : 397 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : 1108540228 |
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 | : Andreas Føllesdal |
| Publisher | : Cambridge University Press |
| Total Pages | : 323 |
| Release | : 2013-10-24 |
| Genre | : Political Science |
| ISBN | : 1107470706 |
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
| Author | : Robert Howse |
| Publisher | : Studies on International Courts and Tribunals |
| Total Pages | : 547 |
| Release | : 2018-04-12 |
| Genre | : Law |
| ISBN | : 1108424473 |
2.2 Procedural Rules and Issues
| Author | : Nobuo Hayashi |
| Publisher | : Cambridge University Press |
| Total Pages | : 843 |
| Release | : 2017-01-19 |
| Genre | : Law |
| ISBN | : 1316943151 |
With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
| Author | : Lukas H. Meyer |
| Publisher | : Cambridge University Press |
| Total Pages | : 333 |
| Release | : 2009-11-12 |
| Genre | : Law |
| ISBN | : 0521199492 |
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
| Author | : Hilary Charlesworth |
| Publisher | : Cambridge University Press |
| Total Pages | : 417 |
| Release | : 2010-02-25 |
| Genre | : Law |
| ISBN | : 0521764467 |
This book examines the features and functions of international legitimacy and how these change over time.
| Author | : James Gerard Devaney |
| Publisher | : Cambridge University Press |
| Total Pages | : 307 |
| Release | : 2016-09-29 |
| Genre | : Law |
| ISBN | : 1316720896 |
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
| Author | : Theresa Squatrito |
| Publisher | : Cambridge University Press |
| Total Pages | : 471 |
| Release | : 2018-04-05 |
| Genre | : Law |
| ISBN | : 1108425690 |
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 | : 569 |
| Release | : 2013-08-01 |
| Genre | : Law |
| ISBN | : 1107434912 |
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
