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.
Rezensionen / Stimmen
The Oxford Handbook of International Adjudication is not a simple study on the preeminent international courts in isolation. Nor does it present a linear narrative of the progressive growth and success of international adjudication. Rather, it is an ambitious project to explore how different institutional designs, political contexts, and compositions shape judicial decision-making and the ability of international adjudicative institutions to affect political outcomes. Laurence Boisson de Chazournes, The American Journal of International Law Comprehensive in its coverage, innovative in its wide variety of multi-layered approaches to international adjudication, this Handbook presents a highly stimulating challenge to our current perceptions of this subject. Georges Abi Saab This Handbook marks a milestone in the evolution of international courts and tribunals, transforming a field devoted to the careful documentation and analysis of individual institutions into a rich tapestry of cross-cutting themes and issues. It is an indispensable reference book for lawyers, political scientists, sociologists, and legal philosophers and is almost certain to be the precursor to a casebook and a set of web-based teaching materials. Anne-Marie Slaughter This book marks a great achievement and a genuine service to the international legal profession. I have not come across any other collective volume on international adjudication as enlightening and rewarding to read. As an insider, I had never expected to learn so much about what I was doing as a judge and an arbitrator. Bruno Simma
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 253 mm
Breite: 179 mm
Dicke: 48 mm
Gewicht
ISBN-13
978-0-19-966068-1 (9780199660681)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Cesare Romano is Professor of Law at Loyola Law School Los Angeles and one of the Directors of the Project on International Courts and Tribunals. He holds degrees in three different disciplines (political science, international relations and law) from three countries (Italy, Switzerland and the United States). His expertise is in public international law, and in particular dispute settlement, international environmental law, international human rights and international criminal law. However, it is probably in the field international courts and tribunals where he has made the greatest contribution to date, publishing numerous articles and books. Karen J. Alter is Professor of Political Science and Law at Northwestern University, specializing in the international politics of international organizations and international law. She is author of The European Court's Political Power (Oxford University Press, 2009), Establishing the Supremacy of European Law (Oxford University Press, 2001) and numerous articles and book chapters on the politics of international courts and international law. She has published in the American Journal of International Law, International Organization, Comparative Political Studies, Perspectives on Politics, European Journal of International Relations, European Law Journal, Law and Contemporary Problems, Annual Review of Law and Social Science, Journal of International Law and Politics, and European Union Politics. Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as the academic director of the Minerva Center for Human Rights, a director in the International Law Forum at the Hebrew University, and the Project on International Courts and Tribunals (PICT) and a member of the steering committee of the DOMAC project (assessing the impact of international courts on domestic criminal procedures in mass atrocity cases). Shany has degrees in law from the Hebrew University (LL.B, 1995 cum laude), New York University (LL.M., 1997), and the University of London (Ph.D., 2001) and he has published a number of books and articles on international courts and arbitration tribunals and other international law issues such as international human rights and international humanitarian law.
Herausgeber*in
Professor of LawProfessor of Law, Loyola Law School
Professor of Political Science and LawProfessor of Political Science and Law, Northwestern University
Hersch Lauterpacht Chair in Public International LawHersch Lauterpacht Chair in Public International Law, Hebrew University, Jerusalem
PART I: MAPPING INTERNATIONAL ADJUDICATIVE BODIES ; PART II: ORDERS AND FAMILIES OF INTERNATIONAL ADJUDICATIVE BODIES ; PART III: THEORETICAL APPROACHES TO STUDYING INTERNATIONAL ADJUDICATION ; PART IV: CONTEMPORARY ISSUES IN INTERNATIONAL ADJUDICATION ; PART V: KEY ACTORS ; PART VI: SELECTED LEGAL AND PROCEDURAL ISSUES OF INTERNATIONAL ADJUDICATION ; ANNEX 1: INTERNATIONAL JUDICIAL BODIES: RECAPITULATION ; ANNEX 2: STATES SUBJECT TO COMPULSORY JURISDICTION
