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  3. Studies on International Courts and Tribunals

Studies on International Courts and Tribunals contains theoretical and interdisciplinary scholarship on legal aspectsas well as the legitimacy and effectiveness of international courts and tribunals.

  • General Editors: Andreas Føllesdal, University of Oslo, Geir Ulfstein, University of Oslo

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24 results in Studies on International Courts and Tribunals

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Legitimacy and International Courts
  • Edited by Nienke Grossman, Harlan Grant Cohen, Andreas Follesdal, Geir Ulfstein
  • Published online:
    05 February 2018
    Print publication:
    22 February 2018
  • One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Judicial Dialogue and Human Rights
  • Edited by Amrei Müller
  • In collaboration with Hege Elisabeth Kjos
  • Published online:
    04 July 2017
    Print publication:
    25 May 2017
  • This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

The Legitimacy of International Criminal Tribunals
  • Edited by Nobuo Hayashi, Cecilia M. Bailliet
  • Published online:
    23 February 2017
    Print publication:
    19 January 2017
  • With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

A Farewell to Fragmentation
  • Reassertion and Convergence in International Law
  • Edited by Mads Andenas, Eirik Bjorge
  • Published online:
    05 October 2015
    Print publication:
    09 October 2015
  • Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

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