Legitimacy of Unseen Actors in International Adjudication

Name: Legitimacy of Unseen Actors in International Adjudication
Brand: Cambridge University Press
SKU: 9781108725286
Price: 643.11 HKD
Availability: InStock
Author: Freya Baetens
ISBN: 9781108725286

By Freya Baetens

Cambridge University Press April 2021

Specifications

ISBN-13: 9781108725286
Publisher: Cambridge University Press
Publication: April 2021
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

Provides institutional perspectives on the work of registries and secretariats as well as an extensive theoretical framework on different aspects of legitimacy
Features a cross-regime examination of five constitutive competences and roles of unseen actors
Aims to contribute to understanding how international courts and tribunals can respond to challenges to their legitimacy

1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens

Part I. Institutional Perspectives:

2. The International Court of Justice Nathalie Wiles

3. The International Tribunal for the Law of the Sea Philippe Gautier

4. International arbitral institutions Bridie Mcasey

5. The World Trade Organization Daniel Baker and Gabrielle Marceau

6. The International Criminal Court Philipp Ambach

7. The European Court of Human Rights Peter Kempees and Ledi Bianku

8. The Court of Justice of the European Union Caroline Heeren

Part II. Nomination and Appointment:

9. Gatekeeper secretariats Kathleen Claussen

10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng

11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ostřanský

Part III. Case Management and Deference to the Bench:

12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim

13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio

14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart

15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart

16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann

Part IV. Confidentiality and Transparency:

17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave

18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros

19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya

20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin

Part V. Ethics and Accountability:

21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso

22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radović

23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg

24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill

Part VI. External Influences and Activities:

25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson

26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan

27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani

28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk

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