Questions of Jurisdiction and Admissibility before International Courts (Hersch Lauterpacht Memorial Lectures, Series Number 22)

This Examination Of The Jurisdiction Of International Courts And The Admissibility Of Cases Before Them Analyses Jurisdictional And Admissibility Rules In Light Of The Roles Assumed By International Courts In International Life And In Light Of The Roles That Jurisdictional And Admissibility Rules Play In Promoting The Effectiveness And Legitimacy Of International Courts. The Theory Pursued Views Jurisdiction As A Form Of Delegation Of Power (the Power To Exercise Judicial Power And Decide The Law) And Regards Admissibility As A Framework For Deciding Upon The Propriety Of Exercising Such Power. On The Basis Of This Theoretical Framework, The Author Critically Evaluates The Exercise Of Judicial Discretion In The Existing Case Law Of A Variety Of International Courts, Distinguishing Between The Category-based Case Selection Implicit In Jurisdictional Rules And The Case-by-case Analysis And Selection Implicit In Rules On Admissibility-- This Book Studies The Role That Legal Rules On Jurisdiction And Admissibility Play In The Life And Operation Of International Courts. I Will Argue That Jurisdictional Rules Define The Legal Powers Of Courts And That Admissibility Rules Define Their Ability To Refrain From Exercising Legal Power. Accordingly, The Underlying Subject Of This Book Is The Legal Power That International Courts Can Exercise In The International Realm. Of Course, Legal Powers Are Not The Only Type Of Power That Courts May Exercise: Courts Also Exert Political Influence And Moral Authority, And Contribute To Shaping The Legal Culture Of The Various Constituencies With Which They Interact. Nevertheless, Legal Powers Are Central To The Operation Of International Courts. Not Only Do Legal Powers Constitute The Most Dominant Or Quintessential Set Of Powers Exercised By International Courts; Legal Powers Also Delineate And Confer Legitimacy Upon The Other Powers Wielded By International Courts, Thereby Facilitating And Controlling All Aspects Of Their Operation-- The Concept Of Jurisdiction And Admissibility In International Adjudication. Jurisdiction As A Policy Tool ; Jurisdiction As Delegated Authority ; Jurisdiction As A Power Constraint On International Courts ; The Role Of Admissibility In The Exercise Of Judicial Power ; The Conflicting Interests Of International Judges Reviewing Jurisdiction And Admissibility -- Jurisdictional Decisions Of International Courts. Jurisdiction In Abstracto And In Concreto ; Distinguishing Jurisdiction From Substantive Law ; International Court Decisions On Jurisdiction As A Form Of Category-based Case Selection ; Individual Case-by-case Selection -- Questions Of Admissibility Before International Courts. The Taxonomical Challenge ; Admissibility As A Policy Tool. Yuval Shany. Includes Bibliographical References And Indexes. 04.0_pp_iv_iv_Copyright_page 1 05.0_pp_v_viii_Contents 5 06.0_pp_ix_x_Preface 9 07.0_pp_1_4_Introduction 11 08.0_pp_5_60_The_concept_of_jurisdiction_and_admissibility_in_international_adjudication 15 08.1_pp_7_21_Jurisdiction_as_a_policy_tool 17 08.2_pp_22_36_Jurisdiction_as_delegated_authority 32 08.3_pp_37_46_Jurisdiction_as_a_power_constraint_on_international_courts 47 08.4_pp_47_53_The_role_of_admissibility_in_the_exercise_of_judicial_power 57 08.5_pp_54_60_The_conflicting_considerations_governing_the_review_of_jurisdiction_and_admissibility 64 09.0_pp_61_126_Jurisdictional_decisions_of_international_courts 71 09.1_pp_63_83_Jurisdictionin_abstractoandin_concreto 73 09.2_pp_84_101_Distinguishing_jurisdiction_from_substantive_law 94 09.3_pp_102_113_International_court_decisions_on_jurisdiction_as_a_form_of_category-based_case_selection 112 09.4_pp_114_126_Individual_case-by-case_selection 124 10.0_pp_127_163_Questions_of_admissibility_before_international_courts 137 10.1_pp_129_147_The_taxonomical_challenge 139 10.2_pp_148_163_Admissibility_as_a_policy_tool 158 11.0_pp_164_166_Conclusions 174 12.0_pp_167_168_Author_index 177 13.0_pp_169_174_Subject_index 179 "This book studies the role that legal rules on jurisdiction and admissibility play in the life and operation of international courts. I will argue that jurisdictional rules define the legal powers of courts and that admissibility rules define their ability to refrain from exercising legal power. Accordingly, the underlying subject of this book is the legal power that international courts can exercise in the international realm. Of course, legal powers are not the only type of power that courts may exercise: courts also exert political influence and moral authority, and contribute to shaping the legal culture of the various constituencies with which they interact. Nevertheless, legal powers are central to the operation of international courts. Not only do legal powers constitute the most dominant or quintessential set of powers exercised by international courts; legal powers also delineate and confer legitimacy upon the other powers wielded by international courts, thereby facilitating and controlling all aspects of their operation"-- Provided by publisher Yuval Shany provides a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals by treating jurisdiction and admissibility as instruments for delegation of decision-making authority and critically evaluating judicial exercise of discretion under the existing case law.