The Oxford Handbook of International Adjudication

Name: The Oxford Handbook of International Adjudication
Brand: Oxford University Press
SKU: 9780198748281
Price: 624.07 HKD
Availability: InStock
Author: Cesare Romano; Karen Alter; Yuval Shany
ISBN: 9780198748281

Edited by Cesare Romano · Karen Alter · Yuval Shany

Oxford University Press November 2015

Specifications

ISBN-13: 9780198748281
Publisher: Oxford University Press
Publication: November 2015
Format: Paperback , 976 pages
Jurisdiction: International ? Countri(es) for reference only

Also available as

Details

This Oxford Handbook provides an authoritative, comprehensive study into the development, proliferation, and work of international adjudicative bodies
Provides an innovative assessment of the different types of international adjudicators and the theoretical approaches underpinning their work
Investigates key controversies surrounding international courts and tribunals, such as the effectiveness of their judges, the rights of third parties, their financing, and the roles of judges and prosecutors
Includes contributions from over forty leading legal scholars, political scientists, and practitioners to present a uniquely interdiscipinary perspective

The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process.

The Handbook is divided into six parts. The first part provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. The second analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies.

The Handbook will be an invaluable and thought-provoking resource for scholars and students of international law and political science, and to legal practitioners at international courts and tribunals.

Readership: Scholars and students of international adjudication and international relations, legal practitioners appearing before or in international adjudicative bodies, government and NGO legal advisers

Part 1: Mapping International Adjudication
1: Cesare Romano, Karen Alter, and Yuval Shany: Mapping International Courts and Tribunals, the Issues and Players
2: Cesare Romano, Karen Alter, & Francesco Sebregondi: Illustrations: A Reader's Guide
3: Mary Ellen O'Connel: The Origins of International Adjudication
4: Karen Alter: Contemporary International Adjudicators: Evolution and Multiplication
5: Cesare Romano: Trial and Error in International Judicialization
6: Cesare Romano: The Shadow Zones in International Judicialization
7: Jorge Vinuales & Pierre-Marie Dupuy: The Challenge of Proliferation: Legal & Normative Debates About International Adjudication
Part 2: Orders and Families of International Adjudicators
8: Jose Alvarez: The Main Functions of International Adjudicators
9: Sean Murphy: International Courts and Tribunals for Inter-State Disputes
10: William Schabas: Criminal Courts
11: Solomon Ebobrah: Human Rights Courts
12: Carl Baudenbacher: Courts of Regional Economic and Political Integration Agreements
13: Chittharanjan Felix Amerasinghe: Administrative Tribunals
14: David Caron: International Claims and Compensation Bodies
15: Christoph Schreuer: Arbitration of Investment Disputes
Part 3: Theoretical Approaches to Studying International Adjudication
16: Maya Steinitz: Transnational Legal Process Theories
17: Mark Pollack: Political Science Theories
18: Mikael Rask Madsen: Sociological Approaches
19: Samantha Besson: Trustees of International Law? Philosophical Queries of the Proper Role of International Courts
Part 4: Crucial Issues in Contemporary International Adjudication
20: Andre Nollkamper: Conversations among Courts: International and Domestic Adjudicators
21: Larry Helfer: Effectiveness of International Adjudicators
22: Alexandra Huneeus: Enforcement / Compliance with Decisions and Provisional Measures
23: Eric Voeten: International Judicial Behavior
24: Tom Ginsburg: Political Constraints
25: Natalie Klein: Who Litigates?
26: Armin von Bogdandy & Ingo Venzke: Judgments and Decisions: The Making of International Law by International Courts and Tribunals
Part 5: Key Actors
27: Daniel Terris & Leigh Swigart: The International Judge
28: Antoine Vauchez: The International Litigators
29: Michael Wood & Eran Sthoeger: The International Bar
30: Kevin Jon Heller: International Criminal Prosecutors
31: Kate Gibson: Defense Counsels in International Criminal Courts
32: Cristina Hoss & Stephanie Cartier: Legal Secretariats, Registry and Staff
Part 6: Selected Legal and Procedural Issues of International Adjudication
33: Ruth Mackenzie: Election and Selection of Judges
34: Anja Seibert-Fohr: Judicial Ethics
35: Yuval Shany: Jurisdiction and Admissibility
36: Yael Ronen & Yael Neggan: Third Parties (Including Victims' Rights)
37: Anna Riddell: Evidence, Fact-Finding, and Experts
38: Chester Brown: Inherent Powers
39: Christine Gray: Remedies
40: Thordis Ingadottir: Financing

About the Author

Cesare Romano is Professor of Law at Loyola Law School Los Angeles and one of the Directors of the Project on International Courts and Tribunals. He holds degrees in three different disciplines (political science, international relations and law) from three countries (Italy, Switzerland and the United States). His expertise is in public international law, and in particular dispute settlement, international environmental law, international human rights and international criminal law. However, it is probably in the field international courts and tribunals where he has made the greatest contribution to date, publishing numerous articles and books.

Karen J. Alter is Professor of Political Science and Law at Northwestern University, specializing in the international politics of international organizations and international law. She is author of The European Court's Political Power (Oxford University Press, 2009), Establishing the Supremacy of European Law (Oxford University Press, 2001) and numerous articles and book chapters on the politics of international courts and international law. She has published in the American Journal of International Law, International Organization, Comparative Political Studies, Perspectives on Politics, European Journal of International Relations, European Law Journal, Law and Contemporary Problems, Annual Review of Law and Social Science, Journal of International Law and Politics, and European Union Politics.

Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as the academic director of the Minerva Center for Human Rights, a director in the International Law Forum at the Hebrew University, and the Project on International Courts and Tribunals (PICT) and a member of the steering committee of the DOMAC project (assessing the impact of international courts on domestic criminal procedures in mass atrocity cases). Shany has degrees in law from the Hebrew University (LL.B, 1995 cum laude), New York University (LL.M., 1997), and the University of London (Ph.D., 2001) and he has published a number of books and articles on international courts and arbitration tribunals and other international law issues such as international human rights and international humanitarian law.

Contributors:
Jose Alvarez - New York University
Chittharanjan Felix Amerasinghe - World Bank Administrative Tribunal
Carl Baudenbacher - University of St. Gallen, EFTA Court
Samantha Besson - University of Fribourg
Chester Brown - University of Sydney
David Caron - University of California, Berkeley
Stephanie Cartier - United Nations Office of Legal Affairs
Michael-James Clifton - EFTA Court
Pierre-Marie Dupuy - Graduate Institute of International and Development Studies, Geneva
Solomon Ebobrah - Niger Delta University
Kate Gibson - International Criminal Tribunal for the former Yugoslavia
Tom Ginsburg - University of Chicago
Christine Gray - University of Cambridge
Larry Helfer - Duke University
Kevin Jon Heller - University of Melbourne
Cristina Hoss - International Court of Justice
Alexandra Huneeus - University of Wisconsin
Thordis Ingadottir - University of Reykjavik
Natalie Klein - Macquarie University
Ruth Mackenzie - University College, London
Mikael Rask Madsen - University of Copenhagen
Sean Murphy - George Washington University
Yael Neggan - Hebrew University, Jerusalem
Andre Nollkamper - University of Amsterdam
Mary Ellen O'Connell - University of Notre Dame
Stephan Parmentier - University of Leuven
Mark Pollack - Temple University
Anna Riddell - British Institute of International and Comparative Law
Yael Ronen - Hebrew University, Jerusalem
William Schabas - Middlesex University
Christoph Schreuer - University of Vienna
Francesco Sebregondi - Goldsmiths, University of London
Anja Seibert-Fohr - Max-Planck Institute for Comparative Public Law and International Law
Maya Steinitz - Colombia University
Eran Sthoeger - International Law Commission
Leigh Swigart - Institute for International Judges
Daniel Terris - Brandeis University
Antoine Vauchez - Centre National de la Recherche Scientifique
Ingo Venzke - University of Amsterdam
Jorge Vinuales - Graduate Institute of International and Development Studies, Geneva
Eric Voeten - Edmund A. Walsh School of Foreign Service and Government
Armin von Bogdandy - Max-Planck Institute for Comparative Public Law and International Law
Michael Wood - International Law Commission