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Research Handbook on International Courts and Tribunals
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
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Critical Acclaim
Contributors
Contents
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Since the establishment of the Permanent Court of Arbitration for international dispute resolution in 1899, the number of international courts and tribunals has multiplied and the reach of their jurisdiction has steadily expanded. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field.
Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law and international economic law, while also including critical reflection by practitioners.
This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers.
Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law and international economic law, while also including critical reflection by practitioners.
This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers.
Critical Acclaim
‘This book serves newcomers to the field of international courts and tribunals well in the sense that it covers a wide variety of (traditional) topics from fresh angles that are necessary for a today’s broad-minded student to consider.’
– Tuomas Tiittala, Finnish Yearbook of International Law
‘The edited volume International Courts and Tribunals by William Schabas and Shannonbrooke Murphy offers a timely and well-researched overview of the growing jurisdiction of legal institutions in international relations. . . Overall, Schabas and Murphy’s volume constitutes a promising first step into socio-legal scholarship that will provide a deeper understanding of the dynamic between international legal institution, jurisprudence and normative dissemination of knowledge. Their exemplary collaborative effort is an inspirational resource not only for legal scholars, but for students in a variety of disciplines, including political science, sociology and anthropology. Academics as well as practitioners will find this valuable, educational handbook a great source of original, innovative perspectives, which will help shape and reframe scholarly debates in the field.''
– European Review of International Studies
– Tuomas Tiittala, Finnish Yearbook of International Law
‘The edited volume International Courts and Tribunals by William Schabas and Shannonbrooke Murphy offers a timely and well-researched overview of the growing jurisdiction of legal institutions in international relations. . . Overall, Schabas and Murphy’s volume constitutes a promising first step into socio-legal scholarship that will provide a deeper understanding of the dynamic between international legal institution, jurisprudence and normative dissemination of knowledge. Their exemplary collaborative effort is an inspirational resource not only for legal scholars, but for students in a variety of disciplines, including political science, sociology and anthropology. Academics as well as practitioners will find this valuable, educational handbook a great source of original, innovative perspectives, which will help shape and reframe scholarly debates in the field.''
– European Review of International Studies
Contributors
Contributors: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J.R.W.D. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott, S. Murphy, L. Obregón, K. Oellers-Frahm, R.F. Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles, W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. Varaki
Contents
Contents:
Introduction by William A Schabas
PART I THE JUDGMENTS AND THE JUDGES
1. The Peace and Security Judgments: The Role of the International Court of Justice in the Regulation of the Use of Force
Mónica Pinto
2. The Human Rights Judgments: The Jurisprudence of Regional Human Rights Tribunals – Lex Specialis or Lex Regionis?
Dinah Shelton
3. The International Criminal Judgments: From Nuremberg to Tadić to Taylor
Nicolaos Strapatsas
4. The Economic Judgments and Arbitral Awards: The Contribution of International Courts and Tribunals to the Development of International Economic Law
Makane Moïses Mbengue
5. The Women Judges: Leading the Line in the Development of International Law
Joseph Powderly and Jacob Chylinski
6. The Third World Judges: Neutrality, Bias or Activism at the Permanent Court of International Justice and International Court of Justice?
Liliana Obregón
7. The Giants of the International Judiciary: Towards a Humanization of the Law of Nations
Giulia Pecorella
PART II THE CONTROVERSIES AND THE CHALLENGES
8. Legitimacy
Yvonne Mcdermott Rees and Wedad Elmaalul
9. Jurisdiction
Luiz Eduardo Salles
10. Enforcement
Richard Frimpong Oppong and Angela M. Barreto
11. Proliferation
Karin Oellers-Frahm
12. Distribution
Michelle Farrell
13. Regulation of the International Bench
Tom Dannenbaum
14. Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals
Kate Gibson, John RWD Jones QC, Michael G. Karnavas and Melinda Taylor
15. Infrastructure
Maria Varaki
16. Functions and Access
Yaël Ronen
Index
Introduction by William A Schabas
PART I THE JUDGMENTS AND THE JUDGES
1. The Peace and Security Judgments: The Role of the International Court of Justice in the Regulation of the Use of Force
Mónica Pinto
2. The Human Rights Judgments: The Jurisprudence of Regional Human Rights Tribunals – Lex Specialis or Lex Regionis?
Dinah Shelton
3. The International Criminal Judgments: From Nuremberg to Tadić to Taylor
Nicolaos Strapatsas
4. The Economic Judgments and Arbitral Awards: The Contribution of International Courts and Tribunals to the Development of International Economic Law
Makane Moïses Mbengue
5. The Women Judges: Leading the Line in the Development of International Law
Joseph Powderly and Jacob Chylinski
6. The Third World Judges: Neutrality, Bias or Activism at the Permanent Court of International Justice and International Court of Justice?
Liliana Obregón
7. The Giants of the International Judiciary: Towards a Humanization of the Law of Nations
Giulia Pecorella
PART II THE CONTROVERSIES AND THE CHALLENGES
8. Legitimacy
Yvonne Mcdermott Rees and Wedad Elmaalul
9. Jurisdiction
Luiz Eduardo Salles
10. Enforcement
Richard Frimpong Oppong and Angela M. Barreto
11. Proliferation
Karin Oellers-Frahm
12. Distribution
Michelle Farrell
13. Regulation of the International Bench
Tom Dannenbaum
14. Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals
Kate Gibson, John RWD Jones QC, Michael G. Karnavas and Melinda Taylor
15. Infrastructure
Maria Varaki
16. Functions and Access
Yaël Ronen
Index
