The Oxford handbook of international adjudication /

The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit o...

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Bibliographic Details
Group Author: Romano, Cesare (Cesare P. R.) (Editor); Alter, Karen J. (Editor); Shany, Yuval (Editor)
Published: Oxford University Press,
Publisher Address: Oxford, United Kingdom ; New York, NY :
Publication Dates: 2014.
Literature type: Book
Language: English
Edition: First edition.
Subjects:
Summary: The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process.
The Handbook is divided into six parts. The first part 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. The second 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. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, 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. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected 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 will be an invaluable and thought-provoking resource for scholars and students of international law and political science, and to legal practitioners at international courts and tribunals.
Item Description: One folded leaf of illustrations in front of book.
Carrier Form: xcii, 975 pages : color illustrations, color maps ; 25 cm
Bibliography: Includes bibliographical references and index.
ISBN: 9780199660681 :
0199660689
Index Number: KZ6250
CLC: D994
Call Number: D994/O984
Contents: Mapping international adjudicative bodies, the issues, and players / Cesare P.R. Romano, Karen J. Alter, and Yuval Shany -- Illustrations : a reader's guide / Cesare P.R. Romano, Karen J. Alter, and Francesco Sebregondi -- The history of international adjudication / Mary Ellen O'Connell and Lenore VanderZee -- The multiplication of international courts and tribunals after the end of the Cold War / Karen J. Alter -- The shadow zones of international judicialization / Cesare P.R. Romano -- Trial and error in international judicialization / Cesare P.R. Romano -- The challenge of "proliferation" : an anatomy of the debate / Pierre-Marie Dupuy and Jorge E. Viñuales -- What are international judges for? : the main functions of international adjudication / José E. Alvarez -- International judicial bodies for resolving disputes between states / Sean D. Murphy -- International criminal courts / William A. Schabas -- International human rights courts / Solomon T. Ebobrah -- Courts of regional economic and political Integration agreements / Carl Baudenbacher and Michael-James Clifton -- International claims and compensation bodies / David d. Caron -- Investment arbitration / Christoph Schreuer -- International administrative tribunals / Chittharanjan F. Amerasinghe -- Transnational legal process theories / Maya Steinitz -- Political science and international adjudication / Mark A. Pollack -- Sociological approaches to international courts / Mikael Rask Madsen -- Legal philosophical issues of international adjudication : getting over the amour impossible between international law and adjudication / Samantha Besson -- Compliance with judgments and decisions / Alexandra Huneeus -- The effectiveness of international adjudicators / Laurence R. Helfer -- Political constraints on international courts / Tom Ginsburg -- The spell of precedents : lawmaking by international courts and tribunals / Armin von Bogdandy and Ingo Venzke -- Conversations among courts : domestic and international adjudicators / André Nollkaemper -- International judicial behavior / Erik Voeten -- Who litigates and why / Natalie Klein -- The financing of international adjudication / Thordis Ingadottir -- Who are international judges? / Leigh Swigart and Daniel Terris -- The International Bar / Eran Sthoeger and Michael Wood -- Communities of international litigators / Antoine Vauchez -- The role of the international prosecutor / Kevin Jon Heller -- Defense counsel in international criminal trials / Kate Gibson -- The role of registries and legal secretariats in international judicial institutions / Stéphanie Cartier and Cristina Hoss -- The selection of international judges / Ruth Mackenzie -- International judicial ethics / Anja Seibert-Fohr -- Jurisdiction and admissibility / Yuval Shany -- Third parties / Yaël Ronen and Yael Naggan -- Inherent powers in international adjudication / Chester Brown -- Evidence, fact-finding, and experts / Anna Riddell -- Remedies / Christine Gray -- Annex 1. International judicial bodies : recapitulation -- Annex 2. States subject to compulsory jurisdiction (as at July 1, 2013).