Boundaries Of Discourse In The International Court Of Justice

Author : Michelle Burgis
Publisher : BRILL
ISBN 13 : 9047428099
Total Pages : 340 pages
Book Rating : 4.91/5 ( download)

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Download or read book Boundaries of Discourse in the International Court of Justice written by Michelle Burgis and published by BRILL. This book was released on 2009-04-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

Author : Michelle L. Burgis
Publisher : BRILL
ISBN 13 : 900417463X
Total Pages : 341 pages
Book Rating : 4.34/5 ( download)

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Download or read book Boundaries of Discourse in the International Court of Justice written by Michelle L. Burgis and published by BRILL. This book was released on 2009 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of universal statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

Author : Mikael Rask Madsen
Publisher : Oxford University Press
ISBN 13 : 0192515039
Total Pages : 450 pages
Book Rating : 4.32/5 ( download)

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Download or read book International Court Authority written by Mikael Rask Madsen and published by Oxford University Press. This book was released on 2018-06-21 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

Author : Michael Matheson
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226036
Total Pages : 399 pages
Book Rating : 4.36/5 ( download)

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Download or read book International Civil Tribunals and Armed Conflict written by Michael Matheson and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the greatly increased involvement of the International Court of Justice and other international civil tribunals in conflict situations during the past three decades, and assesses their impact on the law relating to armed conflict.

Author : Freya Baetens
Publisher : Oxford University Press, USA
ISBN 13 : 0198870752
Total Pages : 593 pages
Book Rating : 4.53/5 ( download)

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Download or read book Identity and Diversity on the International Bench written by Freya Baetens and published by Oxford University Press, USA. This book was released on 2021-02-10 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Author : Yuval Shany
Publisher : Cambridge University Press
ISBN 13 : 1316489728
Total Pages : 185 pages
Book Rating : 4.27/5 ( download)

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Download or read book Questions of Jurisdiction and Admissibility before International Courts written by Yuval Shany and published by Cambridge University Press. This book was released on 2015-12-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Edwin E. Egede
Publisher : Routledge
ISBN 13 : 1317040740
Total Pages : 182 pages
Book Rating : 4.43/5 ( download)

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Download or read book The Bakassi Dispute and the International Court of Justice written by Edwin E. Egede and published by Routledge. This book was released on 2017-12-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.

Author : Jerome Elkind
Publisher : Springer
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.81/5 ( download)

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Download or read book Non-Appearance Before the International Court of Justice:Functional and Comparative Analysis written by Jerome Elkind and published by Springer. This book was released on 1984-09-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any dreams that Europe had at last become too mature a society of states for the continent to be afficted by bloody international disputes have been shattered in recent months. This unique book examines both the sources of disputes -the delimination of boundaries, ethnic differences, human rights violations, environmental damage, drug control, etc. -& the most appropriate methods for settling them. The examination is thorough & detailed, & the result is a substantial work, authored by leading authorities, many of whom have played major roles in devising & operating dispute settlement procedures. This bilingual (English & French) volume is destined to become an important vade-mecum for diplomats & officials, & a reference work of permanent significance for students, academics & all those interested in international law & relations.

Author : Ralph J. Henham
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754649793
Total Pages : 302 pages
Book Rating : 4.92/5 ( download)

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Download or read book Exploring the Boundaries of International Criminal Justice written by Ralph J. Henham and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus.

Author : Vaughan Lowe
Publisher : Cambridge University Press
ISBN 13 : 0521550939
Total Pages : 682 pages
Book Rating : 4.32/5 ( download)

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Download or read book Fifty Years of the International Court of Justice written by Vaughan Lowe and published by Cambridge University Press. This book was released on 1996-02-29 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order and its relationship with the political organs of the United Nations. The thirty-three chapters are presented under five headings: the Court; the sources and evidence of international law; substance of international law; procedural aspects of the Court's work; the Court and the United Nations. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.