International Judicial Integration And Fragmentation

Author : Philippa Webb
Publisher : OUP Oxford
ISBN 13 : 0191650838
Total Pages : 282 pages
Book Rating : 4.33/5 ( download)

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Download or read book International Judicial Integration and Fragmentation written by Philippa Webb and published by OUP Oxford. This book was released on 2013-05-10 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Author : Philippa Webb
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.71/5 ( download)

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Download or read book Judicial Integration and Fragmentation in the International Legal System written by Philippa Webb and published by . This book was released on 2011 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ole Kristian Fauchald
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319157
Total Pages : 382 pages
Book Rating : 4.59/5 ( download)

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Download or read book The Practice of International and National Courts and the (De-)Fragmentation of International Law written by Ole Kristian Fauchald and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Author : Chiara Giorgetti
Publisher : Cambridge University Press
ISBN 13 : 1009100491
Total Pages : 295 pages
Book Rating : 4.96/5 ( download)

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Download or read book Beyond Fragmentation written by Chiara Giorgetti and published by Cambridge University Press. This book was released on 2022-05-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.

Author : Mads Andenas
Publisher : Cambridge University Press
ISBN 13 : 1316368610
Total Pages : 605 pages
Book Rating : 4.19/5 ( download)

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Download or read book A Farewell to Fragmentation written by Mads Andenas and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

Author : Philippa Webb
Publisher :
ISBN 13 : 019967115X
Total Pages : 282 pages
Book Rating : 4.51/5 ( download)

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Download or read book International Judicial Integration and Fragmentation written by Philippa Webb and published by . This book was released on 2013-05-09 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.

Author : Michèle Finck
Publisher : Oxford University Press
ISBN 13 : 019881089X
Total Pages : 241 pages
Book Rating : 4.96/5 ( download)

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Download or read book Subnational Authorities in EU Law written by Michèle Finck and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between EU law and the member states' local and regional authorities. Through a survey of various areas of EU law, the book introduces two narratives of local and regional authorities in EU law. These narratives also point towards different conceptions of the European legal order itself.

Author : Eyal Benvenisti
Publisher : Cambridge University Press
ISBN 13 : 1108267319
Total Pages : 247 pages
Book Rating : 4.11/5 ( download)

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Download or read book Between Fragmentation and Democracy written by Eyal Benvenisti and published by Cambridge University Press. This book was released on 2017-08-31 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.

Author : United Nations. International Law Commission
Publisher :
ISBN 13 : 9789521023378
Total Pages : 306 pages
Book Rating : 4.76/5 ( download)

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Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.54/5 ( download)

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Download or read book Fragmentation of International Law written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: