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2014 (31)

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Book
The Elgar companion to the International Court of Justice
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ISBN: 1782544852 9781782544852 Year: 2014 Publisher: Cheltenham: Elgar,

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Book
The independence of international courts : the adherence of the international judiciary to a fundamental value of the administration of justice
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ISBN: 1849468494 1849468230 Year: 2014 Publisher: Baden-Baden : [Oxford, England] : Nomos ; Hart Publishing,

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This study analyses the content and scope of the principle of judicial independence as currently applied in the international judiciary. In light of the increasing role played by courts in the international system, the author initially examines the theoretical foundation for the principle's application and develops a working definition of judicial independence in an international law context. On the basis of a comprehensive evaluation of sources pertaining to some of today's most influential international courts, the author then draws conclusions on a general consensus of normative requirements for judicial independence and is able to point to requirements applicable only to specific jurisdictions (eg human rights courts). The study thus not only fills a gap in the scholarly evaluation of the organisational setup of the current international judiciary but also functions as a valuable guide for potential future permanent judicial bodies


Book
Enhancing the rule of law through the International Court of Justice
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ISBN: 9004278567 Year: 2014 Publisher: Leiden, The Netherlands : Koninklijke Brill,

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What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice , edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and 'new voices'. With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann


Book
In whose name? : a public law theory of international adjudication
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ISBN: 9780198717461 0198717466 Year: 2014 Publisher: Oxford: Oxford university press,

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Assessing the effectiveness of international courts
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ISBN: 0191749087 Year: 2014 Publisher: Oxford : Oxford University Press,

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During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.


Book
Seeking human rights justice in Latin America : truth, extra-territorial courts, and the process of justice
Author:
ISBN: 1107501601 1139890069 1107546095 1107505933 1107495997 1107516358 1139018809 1107503272 1107513634 9781107503274 9781461953647 1461953642 9781139018807 9781107495999 9781107516359 9780521514361 0521514363 9781107546097 1306211875 Year: 2014 Publisher: Cambridge : Cambridge University Press,

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This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the inter-American human rights system. These extra-territorial courts can jump-start the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.


Book
The Oxford handbook of international adjudication.
Authors: --- ---
ISBN: 9780199660681 9780191756788 0199660689 0191756784 Year: 2014 Publisher: Oxford Oxford University Press

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This handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them. 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.


Book
L'optimisme de la raison
Authors: --- --- ---
ISBN: 9782233007339 2233007336 Year: 2014 Publisher: Paris Pedone

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Book
The role of national courts in applying international humanitarian law
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ISBN: 0191765643 0191508616 9780191508615 1306637805 9781306637800 0191508624 Year: 2014 Publisher: Oxford : Oxford University Press,

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International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.


Book
Fair labelling and the dilemma of prosecuting gender-based crimes at the international criminal tribunals
Authors: ---
ISBN: 0199357110 0190259833 0199357129 9780199357123 1322027692 9781322027692 0199357102 9780199357109 9780199357109 9780199357116 9780190259839 Year: 2014 Publisher: Oxford, England ; New York : Oxford University Press,

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This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labe

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