A Common Law of International Adjudication

Awards:   Winner of American Society of International Law Certificate of Merit 2010. Winner of WINNER OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW CERTIFICATE OF MERIT 2010.
Author:   Chester Brown (Assistant Legal Adviser to the Foreign and Commonwealth Office)
Publisher:   Oxford University Press
ISBN:  

9780199563906


Pages:   368
Publication Date:   12 February 2009
Format:   Paperback
Availability:   To order   Availability explained
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A Common Law of International Adjudication


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Awards

  • Winner of American Society of International Law Certificate of Merit 2010.
  • Winner of WINNER OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW CERTIFICATE OF MERIT 2010.

Overview

Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rules concerning these issues, and that this represents the emergence of a common law of international adjudication. This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approaches to such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles. The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do not generally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.

Full Product Details

Author:   Chester Brown (Assistant Legal Adviser to the Foreign and Commonwealth Office)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.70cm , Height: 1.90cm , Length: 23.30cm
Weight:   0.556kg
ISBN:  

9780199563906


ISBN 10:   019956390
Pages:   368
Publication Date:   12 February 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Table of Cases Table of International Instruments List of Abbreviations Introduction 1: The Emergence of a Common Law of International Adjudication against a Background of Proliferation and Fragmentation 2: Methods used by International Courts and Tribunals to Engage in Cross-Fertilization 3: Aspects of Evidence in International Adjudication 4: Power of International Courts to Grant Provisional Measures 5: Power of International Courts to Interpret and Revise Judgments and Awards 6: Remedies in International Adjudication 7: A Common Law of International Adjudication: Reasons and Limitations Conclusion Bibliography Index

Reviews

`[Brown's] analysis is an excellent and an important contribution to the understanding of the complex issues associated with the proliferation of international courts and tribunals, competing jurisdictions, and fragmentation of international law.' European Journal of International Law (20) `[T]his volume.,.stands out for its breadth and for its insight into international adjudication...[It] surely deserves the recognition that it has received for its technical merit.' American Journal of International Law `[A]n insightful and thoughtful work that is clearly and concisely written. The author has undertaken a mammoth research task and condensed it into an approachable and lucid study.' Australian Yearbook of International Law vol 27


An excellent and important contribution to the understanding of the complex issues associated with the proliferation of international courts and tribunals, competing jurisdictions, and fragmentation of international law. -Dr. Nikolaus Lavranos, Max Weber Fellow, EUI, Florence, GlobalLawBooks.org


<br> An excellent and important contribution to the understanding of the complex issues associated with the proliferation of international courts and tribunals, competing jurisdictions, and fragmentation of international law. <br>-Dr. Nikolaus Lavranos, Max Weber Fellow, EUI, Florence, GlobalLawBooks.org<br>


Author Information

Chester Brown is Associate Professor at the Law School of the University of Sydney. He was previously an Assistant Legal Adviser to the Foreign and Commonwealth Office, London

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