Author : Robert Howse
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 50,63 MB
Release : 2018-04-12
Category : Law
ISBN : 1108424473
2.2 Procedural Rules and Issues
Author : Nienke Grossman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 41,94 MB
Release : 2018-02-22
Category : 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 : Theresa Squatrito
Publisher : Cambridge University Press
Page : 471 pages
File Size : 36,61 MB
Release : 2018-04-05
Category : Law
ISBN : 1108425690
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author : Carl Baudenbacher
Publisher : Hart Publishing
Page : 240 pages
File Size : 41,10 MB
Release : 2005-08
Category : Law
ISBN :
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 : Daniel Behn
Publisher : Cambridge University Press
Page : 581 pages
File Size : 22,15 MB
Release : 2022-01-13
Category : Law
ISBN : 1108943756
International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.
Author : William Schabas
Publisher :
Page : 0 pages
File Size : 33,47 MB
Release : 2014
Category : International courts
ISBN : 9781782547778
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 : Robert Howse
Publisher : Cambridge University Press
Page : 548 pages
File Size : 21,15 MB
Release : 2018-04-12
Category : Law
ISBN : 1108342787
The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
Author : Freya Baetens
Publisher : Oxford University Press, USA
Page : 593 pages
File Size : 14,83 MB
Release : 2021-02-10
Category : Law
ISBN : 0198870752
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 : Freya Baetens
Publisher : Cambridge University Press
Page : 650 pages
File Size : 39,53 MB
Release : 2021-04-08
Category : Law
ISBN : 9781108725286
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
Author : Chittharanjan Félix Amerasinghe
Publisher : Martinus Nijhoff Publishers
Page : 952 pages
File Size : 37,5 MB
Release : 2003
Category : Law
ISBN : 9789041118387
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