The Oxford Handbook of International Adjudication
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.
"1115565681"
The Oxford Handbook of International Adjudication
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.
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The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication

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Overview

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.

Product Details

ISBN-13: 9780191511424
Publisher: OUP Oxford
Publication date: 01/16/2014
Series: Oxford Handbooks
Sold by: Barnes & Noble
Format: eBook
File size: 7 MB

About the Author

Cesare PR Romano is Professor of Law and W Joseph Ford Fellow at Loyola Law School, Los Angeles. Karen J Alter is Professor of Political Science and Law at Northwestern University and a permanent visiting professor at the iCourts Center for Excellence, University of Copenhagen Faculty of Law. Yuval Shany is the Hersch Lauterpacht Chair in International Law and Dean of the Law Faculty of the Hebrew University of Jerusalem.

Table of Contents

Part I: Mapping International Adjudicative Bodies1. Mapping International Adjudicative Bodies, the Issues, and Players, Cesare PR Romano, Karen J Alter, and Yuval Shany2. Illustrations: A Reader's Guide, Cesare PR Romano, Karen J Alter, and Francesco Sebregondi3. The History of International Adjudication, Mary Ellen O'Connell and Lenore VanderZee4. The Multiplication of International Courts and Tribunals after the End of the Cold War, Karen J Alter5. The Shadow Zones of International Judicialization, Cesare PR Romano6. Trial and Error in International Judicialization, Cesare PR Romano7. The Challenge of "Proliferation": An Anatomy of the Debate, Pierre-Marie Dupuy and Jorge E Vinulaes8. What are International Judges For? The Main Functions of International Adjudication, Jose E AlvarezPart II: Orders and Families of International Adjudicative Bodies9. International Judicial Bodies for Resolving Disputes Between States, Sean D Murphy10. International Criminal Courts, William A Schabas11. International Human Rights Courts, Solomon T Ebobrah12. Courts of Regional Economic and Political Integration Agreements, Carl Baudenbacher and Michael-James Clifton13. International Claims and Compensation Bodies, David D Caron14. Investment Arbitration, Christoph Schreuer15. International Administrative Tribunals, Chittharanjan F AmerasinghePart III: Theoretical Approaches to Studying International Adjudication16. Transnational Legal Process Theories, Maya Steinitz17. Political Science and International Adjudication, Mark A Pollack18. Sociological Approaches to International Courts, Mikael Rask Madsen19. Legal Philosophical Issues of International Adjudication: Getting Over the "Amour Impossible" between International Law and Adjudication, Samantha BessonPart IV: Contemporary Issues in International Adjudication20. Compliance with Judgments and Decisions, Alexandra Huneeus21. The Effectiveness of International Adjudicators, Laurence R Helfer22. Political Constraints on International Courts, Tom Ginsburg23. The Spell of Precedents: Lawmaking by International Courts and Tribunals, Armin von Bogdandy and Ingo Venzke24. Conversations among Courts: Domestic and International Adjudicators, Andre Nollkaemper25. International Judicial Behavior, Erik Voeten26. Who Litigates and Why, Natalie Klein27. The Financing of International Adjudication, Thordis IngadottirPart V: Key Actors28. Who are International Judges?, Leigh Swigart and Daniel Terris29. The International Bar, Eran Sthoeger and Michael Wood30. Communities of International Litigators, Antoine Vauchez31. The Role of the International Prosecutor, Kevin Jon Heller32. Defense Counsel in International Criminal Trials, Kate Gibson33. The Role of Registries and Legal Secretariats in International Judicial Institutions, Stephanie Cartier and Cristina HossPart VI: Selected Legal and Procedural Issues of International Adjudication34. The Selection of International Judges, Ruth Mackenzie35. International Judicial Ethics, Anja Seibert-Fohr36. Jurisdiction and Admissibility, Yuval Shany37. Third Parties, Yael Ronen and Yael Naggan38. Inherent Powers in International Adjudication, Chester Brown39. Evidence, Fact-Finding, and Experts, Anna Riddell40. Remedies, Christine GrayAnnex 1: International Judicial Bodies: RecapitulationAnnex 2: States Subject to Compulsory Jurisdiction
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