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The Contribution of International and Supranational Courts to the Rule of Law
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels.
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Critical Acclaim
Contributors
Contents
More Information
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels.
With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
Critical Acclaim
‘This book offers a unique and essential combination of careful self-assessment of the achievements and challenges of international adjudication, in chapters written by scholars who are also members of the most prominent international courts, together with a rigorous and sober external analysis of the promise and limits of promoting the international rule of law through adjudication. The book provides the state of the art contemporary overview of the field and therefore is a must read for scholars, students and practitioners.’
– Eyal Benvenisti, University of Cambridge, UK, Tel Aviv University, Israel and New York University, US
‘This is a timely, fascinating and challenging collection of essays by eminent jurists. The range of courts covered from the International Court of Justice, the International Criminal Court, the European Court of Human Rights to the Appellate Body of the WTO and the Special Tribunal for Lebanon demonstrates the reach of this work as well as the importance and timeliness of the subject-matter. The quality of the authors matches the significance of the topic. The problems as well as the steps forward are well explained. This book should be read.’
– Malcolm N. Shaw QC, University of Cambridge and practising barrister at Essex Court Chambers, London, UK
‘A comprehensive overview, aptly written by eminent specialists of international courts, on a notion at once intriguing and important for international law. Rule of law – a concept of municipal constitutional law, essential for the modern conception of society, and yet such a delicate, but also developing, notion in the sometimes rough jurisprudence of nations.’
– Robert Kolb, University of Geneva, Switzerland
‘This is a major contribution to the literature on international courts. Prominent participants as well as acclaimed academics contribute their analysis and reflection on an important and hitherto somewhat neglected aspect, the rule of law. This dimension lies at the core of an expanding system of institutions that resembles a diverse mosaic, in contrast with the more coherent hierarchical arrangement of national courts. The unique features of the rule of law in this novel international environment are thoroughly explored here.’
– William A. Schabas, Middlesex University, UK
– Eyal Benvenisti, University of Cambridge, UK, Tel Aviv University, Israel and New York University, US
‘This is a timely, fascinating and challenging collection of essays by eminent jurists. The range of courts covered from the International Court of Justice, the International Criminal Court, the European Court of Human Rights to the Appellate Body of the WTO and the Special Tribunal for Lebanon demonstrates the reach of this work as well as the importance and timeliness of the subject-matter. The quality of the authors matches the significance of the topic. The problems as well as the steps forward are well explained. This book should be read.’
– Malcolm N. Shaw QC, University of Cambridge and practising barrister at Essex Court Chambers, London, UK
‘A comprehensive overview, aptly written by eminent specialists of international courts, on a notion at once intriguing and important for international law. Rule of law – a concept of municipal constitutional law, essential for the modern conception of society, and yet such a delicate, but also developing, notion in the sometimes rough jurisprudence of nations.’
– Robert Kolb, University of Geneva, Switzerland
‘This is a major contribution to the literature on international courts. Prominent participants as well as acclaimed academics contribute their analysis and reflection on an important and hitherto somewhat neglected aspect, the rule of law. This dimension lies at the core of an expanding system of institutions that resembles a diverse mosaic, in contrast with the more coherent hierarchical arrangement of national courts. The unique features of the rule of law in this novel international environment are thoroughly explored here.’
– William A. Schabas, Middlesex University, UK
Contributors
Contributors: S. Brammertz, A.A.Cançado Trindade, K. Chan, A.-L. Chané, B. Concolino, P. Couvreur, G. De Baere, A. Follesdal, D. Fransen, P. Gautier, P. Lemmens, K. Lenaerts, P. Van den Bossche, H. Van Houtte, J. Wouters
Contents
Contents:
PART I THEORETICAL FRAMEWORK
1. Prologue: An Overview of the Contribution of International Tribunals to the Rule of Law
Antônio Augusto Cançado Trindade
2. The Contribution of International and Supranational Courts to the Rule of Law: A Framework for Analysis
Geert De Baere, Anna-Luise Chané and Jan Wouters
PART II GLOBAL COURTS AND TRIBUNALS
3. The International Court of Justice
Philippe Couvreur
4. Constructing the International Criminal Court’s Rule of Law Identity
Kenneth Chan and Jan Wouters
5. The Appellate Body of the World Trade Organization
Peter Van den Bossche
6. The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law
Philippe Gautier
PART III REGIONAL COURTS
7. The Contribution of the European Court of Human Rights to the Rule of Law
Paul Lemmens
8. The Court of Justice as the Guarantor of the Rule of Law Within the European Union
Koen Lenaerts
PART IV TRIBUNALS PERTAINING TO PARTICULAR SITUATIONS
9. International Criminal Justice and the Rule of Law: The Experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY)
Serge Brammertz
10. The Iran-United States Claims Tribunal and its Contribution to International Law
Hans Van Houtte and Barbara Concolino
11. The Special Tribunal for Lebanon and the Rule of Law
Daniel Fransen
PART V EPILOGUE
12. Epilogue: Curb, Channel and Coordinate: The Constitutionalism of International Courts and Tribunals
Andreas Follesdal
Index
PART I THEORETICAL FRAMEWORK
1. Prologue: An Overview of the Contribution of International Tribunals to the Rule of Law
Antônio Augusto Cançado Trindade
2. The Contribution of International and Supranational Courts to the Rule of Law: A Framework for Analysis
Geert De Baere, Anna-Luise Chané and Jan Wouters
PART II GLOBAL COURTS AND TRIBUNALS
3. The International Court of Justice
Philippe Couvreur
4. Constructing the International Criminal Court’s Rule of Law Identity
Kenneth Chan and Jan Wouters
5. The Appellate Body of the World Trade Organization
Peter Van den Bossche
6. The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law
Philippe Gautier
PART III REGIONAL COURTS
7. The Contribution of the European Court of Human Rights to the Rule of Law
Paul Lemmens
8. The Court of Justice as the Guarantor of the Rule of Law Within the European Union
Koen Lenaerts
PART IV TRIBUNALS PERTAINING TO PARTICULAR SITUATIONS
9. International Criminal Justice and the Rule of Law: The Experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY)
Serge Brammertz
10. The Iran-United States Claims Tribunal and its Contribution to International Law
Hans Van Houtte and Barbara Concolino
11. The Special Tribunal for Lebanon and the Rule of Law
Daniel Fransen
PART V EPILOGUE
12. Epilogue: Curb, Channel and Coordinate: The Constitutionalism of International Courts and Tribunals
Andreas Follesdal
Index
