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International court authority
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ISBN: 0191836907 0192515039 0192515047 Year: 2018 Publisher: Oxford : Oxford University Press,

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'International Court Authority' challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.


Book
The performance of Africa's international courts : using international litigation for political, legal, and social change
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ISBN: 019191309X 0192638955 0192638963 Year: 2020 Publisher: Oxford, England : Oxford University Press,

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This text argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.


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The performance of international courts and tribunals
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ISBN: 1108348769 1108626130 1108425690 110844315X 1108604889 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.


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A selective approach to establishing a human rights mechanism in Southeast Asia : the case for a Southeast Asian court of human rights
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ISBN: 1280569352 9786613598950 9004222170 9789004222175 9004222162 9789004222168 Year: 2012 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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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.


Book
Beyond fragmentation : cross-fertilization, cooperation and competition among international courts and tribunals
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ISBN: 1009118005 1009122215 1009100491 1009121332 Year: 2022 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Manual on international courts and tribunals
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ISBN: 9780199545278 0199545278 Year: 2010 Publisher: Oxford ; New York : Oxford University Press,

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Book
Legitimacy and international courts
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ISBN: 110842385X 1108438520 1108542921 1108529577 9781108529570 9781108423854 9781108438520 1108540228 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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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.


Book
The role of national courts in applying international humanitarian law
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ISBN: 0191765643 0191508616 9780191508615 1306637805 9781306637800 0191508624 Year: 2014 Publisher: Oxford : Oxford University Press,

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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.


Book
Professional ethics at the international bar
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ISBN: 0191758523 0191668834 0191668826 9780191668821 9780191758522 9780199679461 0199679460 Year: 2014 Publisher: Oxford : Oxford University Press,

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Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of theinternational judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the intern


Book
Jurisprudence of the PCIJ and of the ICJ on interim measures of protection
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ISBN: 9462654751 9462654743 Year: 2022 Publisher: Berlin : T.M.C. Asser Press,

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