Details
- Discrete chapters on individual issues such as rules of evidence, power to grant provisional measures, power to interpret and revise judgments and awards, and availability of remedies, making the book a useful practitioner reference work
- Examines the proliferation of at least 12 new international courts and tribunals over the last 15 years, and their importance concerning the administration of international justice
- Covers both expressly conferred and inherent powers of international courts, and searches for the common rules of their exercise and limitations
Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification 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.
This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial 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 an truly international legal system.
Readership: Academics, scholars, and advanced students of Public International Law, International Courts and Procedures, International Arbitration, and Settlement of International Disputes
- Contents:
- Preface
- Acknowledgments
- Table of Contents
- Table of Abbreviations
- Introduction
- 1. A Common Law of International Adjudication: Background and Scope
- 2. The Powers of International Courts Relating to Procedure and Remedies
- 3. Aspects of Evidence in International Adjudication
- 4. Power of International Courts to Grant Provisional Measures
- 5. Power of International Courts to Interpret and Revise Judgments and Awards
- 6. Remedies in International Adjudication
- 7. A Common Law of International Adjudication: Reasons and Implications
- Conclusion
- Bibliography
- Table of Cases
- Table of International Instruments
Chester Brown, Associate Professor at the Law School of the University of Sydney. He was previously Assistant Legal Adviser at the Foreign and Commonwealth Office
"[Brown's] analysis is an excellent and an important contribution to the understanding of the complex issues associated with the proliferation of international courts and tribunals, competing jurisdictions, and fragmentation of international law." - European Journal of International Law (20)
"[T]his volume.,.stands out for its breadth and for its insight into international adjudication...[It] surely deserves the recognition that it has received for its technical merit." - American Journal of International Law
"[A]n insightful and thoughtful work that is clearly and concisely written. The author has undertaken a mammoth research task and condensed it into an approachable and lucid study." - Australian Yearbook of International Law vol 27
