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International Judicial Integration and Fragmentation

International Judicial Integration and Fragmentation

作者： Philippa Webb
出版商： Oxford University Press
ISBN: 9780198743729
出版时间 February 2016
规格： Paperback , 288 pages
适应领域： International ? 免责申明：
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- Addresses the controversial issue of whether different international courts arrive at different conclusions when faced with the same issues
- Assesses judicial fragmentation by focusing on three areas of law, genocide, immunities, and the use of force
- Provides detailed analysis of the jurisprudence of four key courts: the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda
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.

Readership: Scholars and students in the field of public international law and international dispute settlement, and international relations; international legal practitioners
1: Introduction
2: Genocide
3: Immunities
4: Use of Force
5: Explaining Judicial Integration and Fragmentation
6: Conclusion
Philippa Webb, Lecturer in Law, King's College London

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