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Contents
- Preliminary Material
- Dedication
- Editors’ Preface
- Contents
- Table of Cases
- International Adjudicative Bodies
- International Judicial Bodies
- African Commission on Human and Peoples’ Rights
- Caribbean Court of Justice
- Central American Court of Justice
- Council of Europe Appeals Board
- Court of Eurasian Economic Community
- Court of Justice of the Economic Union of West African States
- East African Court of Justice
- Economic Community of West African States Court of Justice
- Eritrea-Ethiopia Claims Commission
- European Court of Human Rights
- European Court of Justice
- European Free Trade Association Court
- GATT
- ICSID
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for Former Yugoslavia
- International Criminal Tribunal for Rwanda
- International Labour Organization Administrative Tribunal
- International Tribunal for the Law of the Sea
- Iran-US Claims Tribunal
- League of Nations Tribunal
- London Court of International Arbitration
- MERCOSUR
- NAFTA
- NATO Appeals Board
- OECD Appeals Board
- Organization of American States Administrative Tribunal
- Organization for European Economic Cooperation Appeals Board
- Permanent Court of Arbitration
- Permanent Court of International Justice
- Southern Africa Development Community Tribunal
- Special Court for Sierra Leone
- Special Tribunal for Lebanon
- UN Administrative Tribunal
- UN Human Rights Committee
- World Bank Administrative Tribunal
- WTO
- Ad Hoc International Arbitrations
- International Judicial Bodies
- National Courts
- International Adjudicative Bodies
- Table of Instruments
- List of Abbreviations
- Notes on the Contributors
- Main Text
- Part I Mapping International Adjudicative Bodies
- Ch.1 Mapping International Adjudicative Bodies, the Issues, and Players
- Ch.2 Illustrations: A Reader’s Guide
- Ch.3 The History of International Adjudication
- Ch.4 The Multiplication of International Courts and Tribunals After the End of the Cold War
- Preliminary Material
- 1 The Multiplication of International Courts Since the Fall of the Berlin Wall
- 2 External Forces Contributing to the Multiplication of International Courts
- 3 Implications for the Study of Today’s International Courts
- Research questions
- Suggested Reading
- Ch.5 The Shadow Zones of International Judicialization
- Ch.6 Trial and Error in International Judicialization
- Ch.7 The Challenge of “Proliferation”: An Anatomy of the Debate
- Preliminary Material
- 1 Introduction
- 2 Legalization: A Tribunal to Subject Leviathan to the International Rule of Law?
- 3 Coherence: Is “Proliferation” Leading to “Fragmentation”?
- 4 Openness: Expressing Different Values and Views
- 5 Pulling the Threads Together: Some Concluding Observations on the Legitimacy of International Adjudication
- Research Questions
- Suggested Reading
- Ch.8 What are International Judges for? The Main Functions of International Adjudication
- Part II Orders and Families of International Adjudicative Bodies
- Ch.9 International Judicial Bodies for Resolving Disputes Between States
- Preliminary Material
- 1 Introduction
- 2 Key Elements Common To These International Judicial Bodies
- 3 Shifting Terrain
- 4 Systemic Functions Served By These Judicial Bodies
- 5 Decline and Fall?
- Research Questions
- Suggested Reading
- Ch.10 International Criminal Courts
- Preliminary Material
- 1 Introduction: What Makes a Criminal Court “International”?
- 2 The History of International Courts
- 3 Jurisdiction of International Criminal Courts
- 4 Structure of International Criminal Courts
- 5 Relationship with other Courts and Tribunals
- 6 Concluding Remarks
- Research Questions
- Suggested Reading
- Ch.11 International Human Rights Courts
- Preliminary Material
- 1 Introduction
- 2 Profile of Contemporary Human Rights Courts
- 3 The Rationale for International Human Rights Adjudication
- 4 The Nature and Workings of International Human Rights Courts
- 5 Assessing the Effectiveness of International Human Rights Courts
- 6 Conclusion
- Research Questions
- Suggested Reading
- Ch.12 Courts of Regional Economic and Political Integration Agreements
- Ch.13 International Claims and Compensation Bodies
- Preliminary Material
- 1 Introduction
- 2 Why Compensation Commissions: Motives and Functions
- 3 How Compensation Commissions are Distinct from International Courts and Tribunals
- 4 How International Compensation Commissions are Distinct from National Compensation Commissions
- 5 Understanding the Structure of, and Claims Process Utilized in, Modern Compensation Commissions
- 5.1 Compensation commissions often have two organs
- 5.2 The influence of large numbers: individualized adjudication vs mass claim techniques
- 5.3 The consequences of a closed docket—whether large or small
- 5.4 The relationship between budgetary resources and structure
- 5.5 The potentially lasting influence of the negotiating context in which the commission is created
- 5.6 The significance of the availability of monies to satisfy claims
- 6 Conclusions and Trends in Compensation Commissions and Claims Tribunals
- Research Questions
- Suggested Reading
- Ch.14 Investment Arbitration
- Preliminary Material
- 1 The Function of Investment Arbitration in International Dispute Settlement
- 2 Arbitration Institutions, Rules, and Regimes
- 3 The Subject Matter of Investment Disputes
- 4 The Parties to the Investment Arbitration
- 5 Consent to Arbitration
- 6 Procedural Requirements for the Institution of Proceedings
- 7 The Applicability of MFN Clauses to Dispute Settlement
- 8 Selection of Domestic Courts in Contracts
- 9 Applicable Law
- 10 Remedies
- 11 Costs
- 12 Challenge and Review of Decisions
- 13 Enforcement of Awards
- 14 Problems and Challenges
- Research Questions
- Suggested Reading
- Ch.15 International Administrative Tribunals
- Preliminary Material
- 1 Introduction
- 2 The Need for IATs
- 3 Authority to Establish Administrative Tribunals
- 4 Independence of IATS
- 5 Sources of the Law
- 6 Jurisdiction
- 7 Matters of Substance
- 8 A Matter of Procedure
- 9 Remedies
- 10 Enforcement
- 11 Review by Another Judicial Body
- 12 Concluding Observations
- Research Questions
- Suggested Reading
- Ch.9 International Judicial Bodies for Resolving Disputes Between States
- Part III Theoretical Approaches to Studying International Adjudication
- Ch.16 Transnational Legal Process Theories
- Ch.17 Political Science and International Adjudication
- Preliminary Material
- 1 Introduction
- 2 Political Science Epistemology and Methodology
- 3 Political Science Theories and International Adjudication
- 4 The Substantive Contributions of Political Science Scholarship
- 5 Weaknesses in Political Science Scholarship, and the Way Ahead
- Research Questions
- Suggested Reading
- Ch.18 Sociological Approaches to International Courts
- Ch.19 Legal Philosophical Issues of International Adjudication: Getting Over the amour impossible between International Law and Adjudication
- Part IV Contemporary Issues in International Adjudication
- Ch.20 Compliance with Judgments and Decisions
- Preliminary Material
- 1 Definition, Significance, and Measurement
- 2 Understanding IC Judgment Compliance
- 3 Further Study
- Research Questions
- Suggested Reading
- Ch.21 The Effectiveness of International Adjudicators
- Ch.22 Political Constraints on International Courts
- Ch.23 The Spell of Precedents: Lawmaking by International Courts and Tribunals
- Ch.24 Conversations among Courts: Domestic and International Adjudicators
- Ch.25 International Judicial Behavior
- Ch.26 Who Litigates and Why
- Ch.27 The Financing of International Adjudication
- Ch.20 Compliance with Judgments and Decisions
- Part V Key Actors
- Ch.28 Who are International Judges?
- Ch.29 The International Bar
- Ch.30 Communities of International Litigators
- Ch.31 The Role of the International Prosecutor
- Ch.32 Defense Counsel in International Criminal Trials
- Preliminary Material
- 1 Introduction
- 2 The Role of Defense Counsel in International Criminal Trials
- 3 Who are Defense Counsel?
- 4 Professional Conduct
- 5 Institutionalization vs. Independence
- 6 Main Challenges to Effective Representation at the International Level
- 7 Conclusion
- Research Questions
- Suggested Reading
- Ch.33 The Role of Registries and Legal Secretariats in International Judicial Institutions
- Part VI Selected Legal and Procedural Issues of International Adjudication
- Ch.34 The Selection of International Judges
- Preliminary Material
- 1 Introduction
- 2 Judicial Selection in the Intergovernmental Context
- 3 Rules, Practice, and Innovation in International Judicial Selection
- 4 Conclusions
- Research Questions
- Suggested Reading
- Ch.35 International Judicial Ethics
- Ch.36 Jurisdiction and Admissibility
- Ch.37 Third Parties
- Preliminary Material
- 1 Introduction
- 2 Third Party Intervention Serving a Personal Interest Which May be Affected by the Result of the Particular Case
- 3 Victims of International Crimes and Violations of International Human Rights Law
- 4 Third Party Intervention Serving a Public Interest—Amicus Curiae
- 5 Conclusion
- Research Questions
- Suggested Reading
- Ch.38 Inherent Powers in International Adjudication
- Ch.39 Evidence, Fact-Finding, and Experts
- Ch.40 Remedies
- Ch.34 The Selection of International Judges
- Part I Mapping International Adjudicative Bodies
- Further Material
