Commissions of Inquiry: Problems and Perspectives

International Law

Commissions of Inquiry: Problems and Perspectives

By Christian Henderson
Hart Publishing May 2017

Specifications

ISBN-13
9781782258766
Publisher
Hart Publishing
Publication
May 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times COIs have move to providing some form of legal adjudication.

This shift in their application merits scrutiny and this edited collection looks at the institutional and procedural aspects of COIs.

Essay topics range from the Chilcot Inquiry to the procedural fairness. Drawing on the expertise of leading scholars in the field, it offers an insightful and critical analysis of COIs.

Table of Contents

Section 1: The Diversity of Contemporary Commissions of Inquiry
1. A Functional Typology of Commissions of Inquiry Patrick Butchard and Christian Henderson
2. Hegemony and Counter-Hegemony: The Politics of Establishing United Nations Commissions of Inquiry Michelle Farrell and Ben Murphy
3. Lessons From Two Regional Missions: Fact-finding in Georgia and South Sudan Rob Grace
4. Domestic Commissions of Inquiry and International Law: The Importance of Normative Authority Stephen Samuel and James A Green

Section 2: Commissions of Inquiry and International Courts and Tribunals
5. Commissions of Inquiry and Traditional Mechanisms of Dispute Settlement Alexander Orakhelashvili
6. Commissions of Inquiry: Courting International Criminal Courts and Tribunals Christine Schwobel-Patel
7. The Impact of International Commissions of Inquiry on the Proceedings before the International Criminal Court Triestino Mariniello

Section 3: Issues in the Substantive Engagement of Commissions of Inquiries with International Law
8. The Interplay between International Human Rights Law and International Humanitarian Law in the Practice of Commissions of Inquiry Marco Odello
9. Laying the Foundations: Commissions of Inquiry and the Development of International Law Shane Darcy
10. Quo Vadis? Commissions of Inquiry and their Implications for the Coherence of International Law Russell Buchan

Section 4: Procedural Questions and Working Methods
11. Selectivity and Choices in Human Rights Fact-finding: Reconciling Subjectivity with Objectivity? Theo Boutruche
12. Commissions of Inquiry and Procedural Fairness Alison Bisset
13. A Visible College: The Community of Fact-finding Practice Corinne Heaven
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