[PDF] Comparative Reasoning In International Courts And Tribunals eBook

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 292 pages
File Size : 36,79 MB
Release : 2020-07-09
Category : Law
ISBN : 9781108401470

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Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 40,12 MB
Release : 2019-06-13
Category : Law
ISBN : 1108415474

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This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 47,33 MB
Release : 2020-10-29
Category : Business & Economics
ISBN : 1108489664

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This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

Author : Cameron A. Miles
Publisher : Cambridge University Press
Page : 591 pages
File Size : 10,94 MB
Release : 2017-01-26
Category : Law
ISBN : 1107125596

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2 Dispute Settlement Under UNCLOS

Author : Nienke Grossman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 39,84 MB
Release : 2018-02-22
Category : Law
ISBN : 1108540228

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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 : Mads Tønnesson Andenæs
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 26,51 MB
Release : 2015
Category : Law
ISBN : 0198735332

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A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.

Author : Shai Dothan
Publisher : Cambridge University Press
Page : 173 pages
File Size : 17,85 MB
Release : 2020-03-05
Category : Law
ISBN : 1108488765

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The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

Author : Cameron A. Miles
Publisher : Cambridge University Press
Page : 591 pages
File Size : 33,12 MB
Release : 2017-01-26
Category : Law
ISBN : 1316776689

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Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.

Author : Michal Bobek
Publisher : OUP Oxford
Page : 1393 pages
File Size : 31,76 MB
Release : 2013-08-08
Category : Law
ISBN : 0191669997

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The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.