A common law of international adjudication

To chci

The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rules concerning these issues, and that this represents the emergence of a common law of international adjudication. The book examines this question by considering several key issues relating to procedure and remedies, and analyzes relevant international jurisprudence to demonstrate that there is substantial commonality. It goes on to look at why international courts are increasingly adopting common approaches to such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles. The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do not generally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of the international legal system. … celý popis

Podrobná bibliografie

Hlavní autor

Chester Brown

Další autoři

Project on International Courts and Tribunals

Typ dokumentu

Knihy

Fyzický popis

liii, 303 s. ; 24 cm

Vydáno

Oxford : Oxford University Press, 2007

Vydání

1st pub.

Edice

International courts and tribunals series

Témata

mezinárodní soudy

mezinárodní arbitráž

harmonizace práva

monografie

Popis jednotky

"The project on PICT International Courts and Tribunals"
"This series has been developed in cooperation with the Project on International Courts and Tribunals"

Bibliografie

Obsahuje bibliografii a rejstřík

ISBN

978-0-19-920650-6