The Oxford Handbook of International Adjudication (Oxford Handbooks)

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. Part I. Mapping International Adjudicative Bodies -- Part Ii. Orders And Families Of International Adjudicative Bodies -- Part Iii. Theoretical Approaches Studying International Adjudication -- Part Iv. Contemporary Issues In International Adjudication -- Part V. Key Actors -- Part Vi. Selected Legal And Procedural Issues Of International Adjudication. Editors, Cesare Pr Romano, Professor Of Law, Loyola Law School, Los Angeles; Karen J Alter, Professor Of Political Science And Law, Northwestern University; Yuval Shany, Professor Of Law, Faculty Of Law, Hebrew University. Includes Bibliographical References And Index. Part I: Mapping International Adjudicative Bodies 1: Cesare PR Romano, Karen J Alter, and Yuval Shany: Mapping International Adjudicative Bodies, the Issues, and Players 2: Cesare PR Romano, Karen J Alter, and Francesco Sebregondi: Illustrations: A Reader's Guide 3: Mary Ellen O'Connell and Lenore VanderZee: The History of International Adjudication 4: Karen J Alter: The Multiplication of International Courts and Tribunals after the End of the Cold War 5: Cesare PR Romano: The Shadow Zones of International Judicialization 6: Cesare PR Romano: Trial and Error in International Judicialization 7: Pierre-Marie Dupuy and Jorge E Viñulaes: The Challenge of "Proliferation": An Anatomy of the Debate 8: José E Alvarez: What are International Judges For? The Main Functions of International Adjudication Part II: Orders and Families of International Adjudicative Bodies 9: Sean D Murphy: International Judicial Bodies for Resolving Disputes Between States 10: William A Schabas: International Criminal Courts 11: Solomon T Ebobrah: International Human Rights Courts 12: Carl Baudenbacher and Michael-James Clifton: Courts of Regional Economic and Political Integration Agreements 13: David D Caron: International Claims and Compensation Bodies 14: Christoph Schreuer: Investment Arbitration 15: Chittharanjan F Amerasinghe: International Administrative Tribunals Part III: Theoretical Approaches to Studying International Adjudication 16: Maya Steinitz: Transnational Legal Process Theories 17: Mark A Pollack: Political Science and International Adjudication 18: Mikael Rask Madsen: Sociological Approaches to International Courts 19: Samantha Besson: Legal Philosophical Issues of International Adjudication: Getting Over the "Amour Impossible" between International Law and Adjudication Part IV: Contemporary Issues in International Adjudication 20: Alexandra Huneeus: Compliance with Judgments and Decisions 21: Laurence R Helfer: The Effectiveness of International Adjudicators 22: Tom Ginsburg: Political Constraints on International Courts 23: Armin von Bogdandy and Ingo Venzke: The Spell of Precedents: Lawmaking by International Courts and Tribunals 24: André Nollkaemper: Conversations among Courts: Domestic and International Adjudicators 25: Erik Voeten: International Judicial Behavior 26: Natalie Klein: Who Litigates and Why 27: Thordis Ingadottir: The Financing of International Adjudication Part V: Key Actors 28: Leigh Swigart and Daniel Terris: Who are International Judges? 29: Eran Sthoeger and Michael Wood: The International Bar 30: Antoine Vauchez: Communities of International Litigators 31: Kevin Jon Heller: The Role of the International Prosecutor 32: Kate Gibson: Defense Counsel in International Criminal Trials 33: Stéphanie Cartier and Cristina Hoss: The Role of Registries and Legal Secretariats in International Judicial Institutions Part VI: Selected Legal and Procedural Issues of International Adjudication 34: Ruth Mackenzie: The Selection of International Judges 35: Anja Seibert-Fohr: International Judicial Ethics 36: Yuval Shany: Jurisdiction and Admissibility 37: Yaël Ronen and Yael Naggan: Third Parties 38: Chester Brown: Inherent Powers in International Adjudication 39: Anna Riddell: Evidence, Fact-Finding, and Experts 40: Christine Gray: Remedies Annex 1: International Judicial Bodies: Recapitulation Annex 2: States Subject to Compulsory Jurisdiction 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 analyzes 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. "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."--Résumé de l'éditeur "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." Résumé de l'éditeur 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. Provided by the publisher 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. Résumé de l'éditeur