Selecting International Judges

Selecting International Judges PDF
Author: Ruth Mackenzie
Publisher: Oxford University Press
ISBN: 0199580561
Size: 49.47 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 239
View: 128

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International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

Selecting Europe S Judges

Selecting Europe s Judges PDF
Author: Michal Bobek
Publisher: OUP Oxford
ISBN: 0191043613
Size: 21.84 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 370
View: 999

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The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

International Judicial Integration And Fragmentation

International Judicial Integration and Fragmentation PDF
Author: Philippa Webb
Publisher: Oxford University Press
ISBN: 019967115X
Size: 53.78 MB
Format: PDF
Category : Law
Languages : en
Pages : 253
View: 3299

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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.

Judicial Power In A Globalized World

Judicial Power in a Globalized World PDF
Author: Paulo Pinto de Albuquerque
Publisher: Springer Nature
ISBN: 3030207447
Size: 46.70 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 685
View: 1204

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This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

In Whose Name

In Whose Name  PDF
Author: Armin von Bogdandy
Publisher: OUP Oxford
ISBN: 0191026956
Size: 80.77 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 400
View: 3773

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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Pluralism In International Criminal Law

Pluralism in International Criminal Law PDF
Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 30.27 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 410
View: 3854

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

International Criminal Procedure

International Criminal Procedure PDF
Author: Göran Sluiter
Publisher: OUP Oxford
ISBN: 0191632600
Size: 67.19 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 1728
View: 411

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International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Symposium

Symposium PDF
Author:
Publisher:
ISBN:
Size: 15.12 MB
Format: PDF, ePub
Category : International courts
Languages : en
Pages : 331
View: 3995

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The Yale Law Journal

The Yale Law Journal PDF
Author:
Publisher:
ISBN:
Size: 46.49 MB
Format: PDF, Kindle
Category : Electronic journals
Languages : en
Pages :
View: 4961

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The Yale Law Journal publishes scholarly articles and essays covering a broad range of legal and law-related topics. The Journal also includes case notes and book reviews.