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The Oxford Handbook of International Adjudication edited by Romano, Cesare; Alter, Karen; Shany, Yuval (1st December 2013)

Part III Theoretical Approaches to Studying International Adjudication, Ch.19 Legal Philosophical Issues of International Adjudication: Getting Over the amour impossible between International Law and Adjudication

Samantha Besson

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 May 2019

Subject(s):
International procedure — Sources of international law — Theory of international law — Sources, foundations and principles of international law — Recognition and enforcement
Adjudication , i.e., the function, role, or task of courts to state and apply the law in the specific disputes brought before them, is among the most classical topics in jurisprudence or legal philosophy. The existence of a system of courts with general and compulsory jurisdiction is often regarded as a key feature of a legal system. 1 As a result, even though the theory of adjudication does not exhaust the field of legal theory, to the extent that it cannot tell us what the law is and that one needs a theory of law to identify the law before it can guide judges,...
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