Legitimacy And International Courts

Author : Nienke Grossman
Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.23/5 ( download)

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Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Harlan Grant Cohen
Publisher : Cambridge University Press
ISBN 13 : 110842385X
Total Pages : 397 pages
Book Rating : 4.54/5 ( download)

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Download or read book Legitimacy and International Courts written by Harlan Grant Cohen and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Author : Robert Howse
Publisher : Studies on International Courts and Tribunals
ISBN 13 : 1108424473
Total Pages : 547 pages
Book Rating : 4.79/5 ( download)

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Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues

Author : Nobuo Hayashi
Publisher : Cambridge University Press
ISBN 13 : 1316943151
Total Pages : 843 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Legitimacy of International Criminal Tribunals written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2017-01-19 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 423 pages
Book Rating : 4.49/5 ( download)

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Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Author : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1108497179
Total Pages : 505 pages
Book Rating : 4.76/5 ( download)

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Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Armin von Bogdandy
Publisher : International Courts and Tribu
ISBN 13 : 0198717466
Total Pages : 305 pages
Book Rating : 4.61/5 ( download)

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Download or read book In Whose Name? written by Armin von Bogdandy and published by International Courts and Tribu. This book was released on 2014 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Author : Freya Baetens
Publisher : Cambridge University Press
ISBN 13 : 1108485855
Total Pages : 651 pages
Book Rating : 4.52/5 ( download)

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Download or read book Legitimacy of Unseen Actors in International Adjudication written by Freya Baetens and published by Cambridge University Press. This book was released on 2019-08-22 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.

Author : Theresa Squatrito
Publisher : Cambridge University Press
ISBN 13 : 1108425690
Total Pages : 471 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Performance of International Courts and Tribunals written by Theresa Squatrito and published by Cambridge University Press. This book was released on 2018-04-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Author : Daniel Behn
Publisher : Cambridge University Press
ISBN 13 : 1108943756
Total Pages : 581 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Legitimacy of Investment Arbitration written by Daniel Behn and published by Cambridge University Press. This book was released on 2022-01-13 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.