The Oxford Handbook of International Adjudication -

The Oxford Handbook of International Adjudication
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Wydawnictwo: Oxford University Press
ISBN: 9780199660681
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Oprawa: twarda
Stron: 1072
Data wydania: 2014-01-01
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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. Comprehensive in its coverage, innovative in its wide variety of multi-layered approaches to international adjudication, this Handbook presents a highly stimulating challenge to our current perceptions of this subject. Georges Abi Saab This Handbook marks a milestone in the evolution of international courts and tribunals, transforming a field devoted to the careful documentation and analysis of individual institutions into a rich tapestry of cross-cutting themes and issues. It is an indispensable reference book for lawyers, political scientists, sociologists, and legal philosophers and is almost certain to be the precursor to a casebook and a set of web-based teaching materials. Anne-Marie Slaughter This book marks a great achievement and a genuine service to the international legal profession. I have not come across any other collective volume on international adjudication as enlightening and rewarding to read. As an insider, I had never expected to learn so much about what I was doing as a judge and an arbitrator. Bruno Simma

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