The Oxford Handbook of International Adjudication

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  • Edition: WAL HAR/CH
  • Format: Hardcover
  • Copyright: 2014-02-19
  • Publisher: Oxford University Press
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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 analyzes 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.

Author Biography

Cesare Romano, Professor of Law, Loyola Law School,Karen Alter, Professor of Political Science, Northwestern University,Yuval Shany, Hersch Lauterpacht Chair in Public International Law, Hebrew University, Jerusalem

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.

Table of Contents

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

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