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This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged.
Competence competence --- International courts --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International tribunals --- Tribunals, International --- Courts --- International courts.
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The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate.0This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Juridiction (droit international) --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- E-books --- Juridiction (Droit international)
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During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
International courts. --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- International tribunals --- Tribunals, International --- Courts
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This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.
International courts. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts
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Discussing under what conditions states can take unilateral action to promote the interests of the international community, this title puts forward an argument in favour of unilateral action in the common interest, but suggests a number of restraining techniques to limit its intrusiveness.
Intervention (International law) --- Jurisdiction (International law) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Military intervention --- Diplomacy --- International law --- Neutrality
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Conflict of laws --- Jurisdiction (International law) --- Forum shopping. --- Forum shopping --- Jurisdiction --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Jurisdiction. --- Law and legislation
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This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.
International courts. --- Jurisdiction (International law) --- Admissable evidence. --- International tribunals --- Tribunals, International --- Courts --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Admissable evidence
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The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
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Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Jurisdiction (International law) --- Internet --- Law and legislation. --- Cyberspace --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Law and legislation
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