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Author : Freya Baetens
Publisher : Cambridge University Press
Page : 651 pages
File Size : 14,68 MB
Release : 2019-08-22
Category : 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
Page : 397 pages
File Size : 27,68 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 : Andreas Føllesdal
Publisher : Cambridge University Press
Page : 323 pages
File Size : 47,55 MB
Release : 2013-10-24
Category : 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
Page : 547 pages
File Size : 16,98 MB
Release : 2018-04-12
Category : Law
ISBN : 1108424473
2.2 Procedural Rules and Issues
Author : Nobuo Hayashi
Publisher : Cambridge University Press
Page : 843 pages
File Size : 31,71 MB
Release : 2017-01-19
Category : 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
Page : 333 pages
File Size : 42,6 MB
Release : 2009-11-12
Category : 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
Page : 417 pages
File Size : 26,25 MB
Release : 2010-02-25
Category : 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
Page : 307 pages
File Size : 28,80 MB
Release : 2016-09-29
Category : 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
Page : 471 pages
File Size : 13,44 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 : Yuval Shany
Publisher : Cambridge University Press
Page : 185 pages
File Size : 46,19 MB
Release : 2016
Category : Law
ISBN : 1107038790
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.