Research Handbook on International Courts and Tribunals (Research Handbooks in International Law series)

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. Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott Rees, 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 Front Matter 1 Copyright 4 Contents 7 Contributors 9 Table of cases 11 Table of treaties 34 Table of national legislation 39 Introduction 41 PART I THE JUDGMENTS AND THE JUDGES 77 1. The peace and security judgments: the role of the International Court of Justice in the regulation of the use of force 79 2. The human rights judgments: the jurisprudence of regional human rights tribunals – lex specialis or lex regionis? 90 3. The international criminal judgments: from Nuremberg to Tadic to Taylor 119 4. The economic judgments and arbitral awards: the contribution of international courts and tribunals to the development of international economic law 162 5. The women judges: leading the line in the development of international law 183 6. The Third World judges: neutrality, bias or activism at the Permanent Court of International Justice and International Court of Justice? 221 7. The giants of the international judiciary: towards a humanization of the law of nations 241 PART II THE CONTROVERSIES AND THE CHALLENGES 267 8. Legitimacy 269 9. Jurisdiction 286 10. Enforcement 313 11. Proliferation 339 12. Distribution 377 13. Regulation of the international bench 417 14. Regulation of the international bar: the particular challenges for defence counsel at the international criminal courts and tribunals 447 15. Infrastructure 490 16. Functions and access 503 Bibliography 524 Index 553 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.-- Provided by publisher "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 ... [an] analysis of these developments from multiple perspectives, this research handbook both contextualizes and stimulates future research and practice in this rapidly developing field ... [This 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."-- Back cover