Bøger i Studies on International Courts and Tribunals serien

"Through legal and social science-based analyses, this book explains why international courts underutilize their power and traces how this impacts international norms. Using the norm against torture and inhumane or degrading treatment as an example, it systematically analyses c.2,300 judgements from the European Court of Human Rights, 1967-2016"--

Based on author's thesis (doctoral - Universiteit Leiden, 2018)

The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

"Mainstream legal scholarship on the European Community (EC) and the European Union (EU) has long been dominated by meta-narratives and grand theories to explain European legal integration as a necessary, if not self-evident, process toward ever greater integration. The directional pull of these functional narratives, whether termed as Europeanization, federalization, or constitutionalization, is one towards an ever-closer Union, thereby replicating the original teleology of the Rome Treaty (1957). Although there are theoretical differences among these explanations, notably between intergovernmental and neo-functionalist narratives, most scholars agree that one particular institutional actor has played an outsized role: the European Court of Justice (ECJ), now the Court of Justice of the EU (CJEU) since the Lisbon Treaty (2009) that includes the Court of Justice, the General Court. For the same reasons, the CJEU has become a coveted object of inquiry for studies of European integration and governance. We have for years learned about its role in constitutionalizing Europe, establishing the supremacy of European law, creating a system of supranational governance, and the new types of litigation and mobilization spurred by the ECJ"--

This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.

Based on papers discussed at a "series of workshops to discuss and explore these ideas and to develop our thinking further. The first such workshop took place at Tillar House, ASIL's headquarters in Washington, DC, on June 19 and 20, 2017. We met again in Oslo on June 11 and 12, 2018, at the offices of PluriCourts, the Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, and the Center of Excellence at the Department of Public and International Law, Faculty of Law, the University of Oslo".

The opaqueness of unseen actors' roles (e.g. registries, experts) in international adjudication raises questions concerning their legitimacy within dispute settlement mechanisms. This book investigates their functioning and identifies 'best practices' by examining international courts' and tribunals' institutional composition and practice.

A genuinely interdisciplinary analysis of international law and courts. By employing social science methodology combined with classical case studies, this volume moves the study of international law to a new level, demonstrating the need to adopt a broader outlook drawing on empirical legal research.

This volume investigates the legitimacy of international trade courts and tribunals on the basis of their operation and performance. It covers a number of regional adjudicators that are highly under-studied and features visions from both academics and practitioners across several disciplines.

This volume provides interdisciplinary insights into international courts' legitimacy. Experts analyse the drivers of legitimacy of specific courts and how these might differ by the court concerned, as well as the links between legitimacy and democracy, justice and effectiveness. It will appeal to scholars, practitioners, reformers and students of ICs.

This book will be of interest for anyone interested in the legitimacy problems of domestic high courts or international courts and to those interested in public reason and political legitimacy more generally. The preface and introductory chapter introduces the topic in a way that makes it accessible to non-experts.

This book focuses on a much-discussed topic in international economic law: whether trade and investment law have gone on separate ways or whether they might be coming together. Using an interdisciplinary approach, the book looks at the narrow topic of convergence and divergence between trade and investment dispute settlement.

International courts and tribunals play significant roles in international law and global governance, but their procedures and the outcomes they produce vary significantly. The Performance of International Courts and Tribunals presents the concept of performance and interdisciplinary accounts to describe and explain this variation.

This book examines the role and impact of human rights norms in international courts other than dedicated human rights courts. It covers a whole range of courts and jurisdictions dealing with matters of international criminal law, the law of the sea, international economic adjudication and general international law.

A comprehensive analysis of domestic and international courts' judicial dialogue on human rights. The analysis covers Eastern Europe, Latin America, Canada, Nigeria and Malaysia, and also focuses on how the European Court of Human Rights interacts with domestic and international courts, as well as the role of NGOs promoting this dialogue.

Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

An increasing number of environmental cases are decided by international courts which lack specialist competence in environmental law. This raises fundamental questions of these courts' legitimacy, including who has standing to bring an environmental claim, on which legal norms is it decided and whether judges have the necessary expertise.

The opaqueness of unseen actors' roles (e.g. registries, experts) in international adjudication raises questions concerning their legitimacy within dispute settlement mechanisms. This book investigates their functioning and identifies 'best practices' by examining international courts' and tribunals' institutional composition and practice.

Today's international criminal jurisdictions are at a critical juncture - their legitimacy cannot be taken for granted. This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals. Expert authors and emerging scholars challenge received wisdom and shed new light on a range of issues.

A genuinely interdisciplinary analysis of international law and courts. By employing social science methodology combined with classical case studies, this volume moves the study of international law to a new level, demonstrating the need to adopt a broader outlook drawing on empirical legal research.

International courts and tribunals play significant roles in international law and global governance, but their procedures and the outcomes they produce vary significantly. The Performance of International Courts and Tribunals presents the concept of performance and interdisciplinary accounts to describe and explain this variation.

This volume investigates the legitimacy of international trade courts and tribunals on the basis of their operation and performance. It covers a number of regional adjudicators that are highly under-studied and features visions from both academics and practitioners across several disciplines.

This volume provides interdisciplinary insights into international courts' legitimacy. Experts analyse the drivers of legitimacy of specific courts and how these might differ by the court concerned, as well as the links between legitimacy and democracy, justice and effectiveness. It will appeal to scholars, practitioners, reformers and students of ICs.

A comprehensive analysis of domestic and international courts' judicial dialogue on human rights. The analysis covers Eastern Europe, Latin America, Canada, Nigeria and Malaysia, and also focuses on how the European Court of Human Rights interacts with domestic and international courts, as well as the role of NGOs promoting this dialogue.

Today's international criminal jurisdictions are at a critical juncture - their legitimacy cannot be taken for granted. This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals. Expert authors and emerging scholars challenge received wisdom and shed new light on a range of issues.

Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.