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The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198748281
  • 出版时间 November 2015
  • 规格: Paperback , 976 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • This Oxford Handbook provides an authoritative, comprehensive study into the development, proliferation, and work of international adjudicative bodies
    • Provides an innovative assessment of the different types of international adjudicators and the theoretical approaches underpinning their work
    • Investigates key controversies surrounding international courts and tribunals, such as the effectiveness of their judges, the rights of third parties, their financing, and the roles of judges and prosecutors
    • Includes contributions from over forty leading legal scholars, political scientists, and practitioners to present a uniquely interdiscipinary perspective

    The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process.

    The Handbook is divided into six parts. The first part provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. The second analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. 

    The Handbook will be an invaluable and thought-provoking resource for scholars and students of international law and political science, and to legal practitioners at international courts and tribunals.

     

    Readership: Scholars and students of international adjudication and international relations, legal practitioners appearing before or in international adjudicative bodies, government and NGO legal advisers

  • Part 1: Mapping International Adjudication
    1: Cesare Romano, Karen Alter, and Yuval Shany: Mapping International Courts and Tribunals, the Issues and Players
    2: Cesare Romano, Karen Alter, & Francesco Sebregondi: Illustrations: A Reader's Guide
    3: Mary Ellen O'Connel: The Origins of International Adjudication
    4: Karen Alter: Contemporary International Adjudicators: Evolution and Multiplication
    5: Cesare Romano: Trial and Error in International Judicialization
    6: Cesare Romano: The Shadow Zones in International Judicialization
    7: Jorge Vinuales & Pierre-Marie Dupuy: The Challenge of Proliferation: Legal & Normative Debates About International Adjudication
    Part 2: Orders and Families of International Adjudicators
    8: Jose Alvarez: The Main Functions of International Adjudicators
    9: Sean Murphy: International Courts and Tribunals for Inter-State Disputes
    10: William Schabas: Criminal Courts
    11: Solomon Ebobrah: Human Rights Courts
    12: Carl Baudenbacher: Courts of Regional Economic and Political Integration Agreements
    13: Chittharanjan Felix Amerasinghe: Administrative Tribunals
    14: David Caron: International Claims and Compensation Bodies
    15: Christoph Schreuer: Arbitration of Investment Disputes
    Part 3: Theoretical Approaches to Studying International Adjudication
    16: Maya Steinitz: Transnational Legal Process Theories
    17: Mark Pollack: Political Science Theories
    18: Mikael Rask Madsen: Sociological Approaches
    19: Samantha Besson: Trustees of International Law? Philosophical Queries of the Proper Role of International Courts
    Part 4: Crucial Issues in Contemporary International Adjudication
    20: Andre Nollkamper: Conversations among Courts: International and Domestic Adjudicators
    21: Larry Helfer: Effectiveness of International Adjudicators
    22: Alexandra Huneeus: Enforcement / Compliance with Decisions and Provisional Measures
    23: Eric Voeten: International Judicial Behavior
    24: Tom Ginsburg: Political Constraints
    25: Natalie Klein: Who Litigates?
    26: Armin von Bogdandy & Ingo Venzke: Judgments and Decisions: The Making of International Law by International Courts and Tribunals
    Part 5: Key Actors
    27: Daniel Terris & Leigh Swigart: The International Judge
    28: Antoine Vauchez: The International Litigators
    29: Michael Wood & Eran Sthoeger: The International Bar
    30: Kevin Jon Heller: International Criminal Prosecutors
    31: Kate Gibson: Defense Counsels in International Criminal Courts
    32: Cristina Hoss & Stephanie Cartier: Legal Secretariats, Registry and Staff
    Part 6: Selected Legal and Procedural Issues of International Adjudication
    33: Ruth Mackenzie: Election and Selection of Judges
    34: Anja Seibert-Fohr: Judicial Ethics
    35: Yuval Shany: Jurisdiction and Admissibility
    36: Yael Ronen & Yael Neggan: Third Parties (Including Victims' Rights)
    37: Anna Riddell: Evidence, Fact-Finding, and Experts
    38: Chester Brown: Inherent Powers
    39: Christine Gray: Remedies
    40: Thordis Ingadottir: Financing

  • Cesare Romano is Professor of Law at Loyola Law School Los Angeles and one of the Directors of the Project on International Courts and Tribunals. He holds degrees in three different disciplines (political science, international relations and law) from three countries (Italy, Switzerland and the United States). His expertise is in public international law, and in particular dispute settlement, international environmental law, international human rights and international criminal law. However, it is probably in the field international courts and tribunals where he has made the greatest contribution to date, publishing numerous articles and books.

    Karen J. Alter is Professor of Political Science and Law at Northwestern University, specializing in the international politics of international organizations and international law. She is author of The European Court's Political Power (Oxford University Press, 2009), Establishing the Supremacy of European Law (Oxford University Press, 2001) and numerous articles and book chapters on the politics of international courts and international law. She has published in the American Journal of International Law, International Organization, Comparative Political Studies, Perspectives on Politics, European Journal of International Relations, European Law Journal, Law and Contemporary Problems, Annual Review of Law and Social Science, Journal of International Law and Politics, and European Union Politics.

    Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as the academic director of the Minerva Center for Human Rights, a director in the International Law Forum at the Hebrew University, and the Project on International Courts and Tribunals (PICT) and a member of the steering committee of the DOMAC project (assessing the impact of international courts on domestic criminal procedures in mass atrocity cases). Shany has degrees in law from the Hebrew University (LL.B, 1995 cum laude), New York University (LL.M., 1997), and the University of London (Ph.D., 2001) and he has published a number of books and articles on international courts and arbitration tribunals and other international law issues such as international human rights and international humanitarian law.

     

    Contributors: 
    Jose Alvarez - New York University 
    Chittharanjan Felix Amerasinghe - World Bank Administrative Tribunal 
    Carl Baudenbacher - University of St. Gallen, EFTA Court 
    Samantha Besson - University of Fribourg 
    Chester Brown - University of Sydney 
    David Caron - University of California, Berkeley 
    Stephanie Cartier - United Nations Office of Legal Affairs
    Michael-James Clifton - EFTA Court 
    Pierre-Marie Dupuy - Graduate Institute of International and Development Studies, Geneva 
    Solomon Ebobrah - Niger Delta University 
    Kate Gibson - International Criminal Tribunal for the former Yugoslavia 
    Tom Ginsburg - University of Chicago 
    Christine Gray - University of Cambridge 
    Larry Helfer - Duke University 
    Kevin Jon Heller - University of Melbourne 
    Cristina Hoss - International Court of Justice 
    Alexandra Huneeus - University of Wisconsin 
    Thordis Ingadottir - University of Reykjavik 
    Natalie Klein - Macquarie University
    Ruth Mackenzie - University College, London 
    Mikael Rask Madsen - University of Copenhagen 
    Sean Murphy - George Washington University 
    Yael Neggan - Hebrew University, Jerusalem 
    Andre Nollkamper - University of Amsterdam 
    Mary Ellen O'Connell - University of Notre Dame 
    Stephan Parmentier - University of Leuven
    Mark Pollack - Temple University 
    Anna Riddell - British Institute of International and Comparative Law 
    Yael Ronen - Hebrew University, Jerusalem 
    William Schabas - Middlesex University 
    Christoph Schreuer - University of Vienna 
    Francesco Sebregondi - Goldsmiths, University of London
    Anja Seibert-Fohr - Max-Planck Institute for Comparative Public Law and International Law 
    Maya Steinitz - Colombia University 
    Eran Sthoeger - International Law Commission 
    Leigh Swigart - Institute for International Judges 
    Daniel Terris - Brandeis University 
    Antoine Vauchez - Centre National de la Recherche Scientifique 
    Ingo Venzke - University of Amsterdam 
    Jorge Vinuales - Graduate Institute of International and Development Studies, Geneva 
    Eric Voeten - Edmund A. Walsh School of Foreign Service and Government 
    Armin von Bogdandy - Max-Planck Institute for Comparative Public Law and International Law 
    Michael Wood - International Law Commission

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