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Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

International courts --- Courts --- Jurisdiction (International law) --- International tribunals --- Tribunals, International --- International courts.

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Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.

International criminal courts --- Psychological aspects. --- Criminal courts --- International courts --- Complementarity (International law)

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"The monograph considers the individual and joint dissertations, separate opinions and dissenting opinions that British judges Sir Gerald Fitzmaurice, Sir Humphrey Waldock, Sir Robert Jennings, Dame Rosalyn Higgins and Sir Christopher Greenwood appended to Judgments and Advisory Opinions of the International Court of Justice. It provides information of the life of, and reviews some of the scholarship of, these judges. In the final chapter, the author endeavours to identify characteristics of the British judges of the International Court of Justice that are shared by some of all of these five jurists - together with their predecessors at the Court, Baron Arnold McNair and Sir Hersch Lauterpacht"--

International courts --- International law --- Judges --- History. --- British influences. --- Permanent Court of International Justice --- International Court of Justice

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To celebrate professor and center director at iCourts - Centre of Excellence for International Courts - Mikael Rask Madsen on the occasion of ten years as research leader and 50 years birthday, a group of his international esteemed Colleges has contributed to The Making of iCourts. The contributions consist of both a research article and "My iCourts experience" - a personal story about each single researchers meeting with iCourts as an international research hub in Copenhagen. The articles in the book represents different aspects of legal studies in International Courts and International Law and reflects the interdisciplinary and empirical research agenda of the center.

Jurisdiction (International law) --- Intervention (International law) --- Military intervention --- Diplomacy --- International law --- Neutrality --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts

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Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.

Customary law, International. --- International law --- Jus cogens (International law) --- Customary international law --- International customary law --- international law --- international relations --- global politics --- legal theory --- studies on international courts and tribunals