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To celebrate professor and center director at iCourts - Centre of Excellence for International Courts - Mikael Rask Madsen on the occasion of ten years as research leader and 50 years birthday, a group of his international esteemed Colleges has contributed to The Making of iCourts. The contributions consist of both a research article and "My iCourts experience" - a personal story about each single researchers meeting with iCourts as an international research hub in Copenhagen. The articles in the book represents different aspects of legal studies in International Courts and International Law and reflects the interdisciplinary and empirical research agenda of the center.

Jurisdiction (International law)

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Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. This book examines the way transconstitutionalism is evolving and how it effects legal systems. Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders

Constitutional law. --- International courts. --- Jurisdiction (International law)

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This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Human rights --- International courts. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law)

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International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.

Humanitarian law. --- International courts. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Humanitarian conventions --- International humanitarian law --- War (International law)

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Jurisprudence. --- International law --- International courts. --- Philosophy. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Jurisprudence --- Natural law --- Law --- Philosophy