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Author: Henry Alexander Redwood
Publisher: Cambridge University Press
ISBN: 110884474X
Category : History
Languages : en
Pages : 247
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Book Description
Offers the first analysis of international courts' archives and of how these constitute the international community as a particular reality.
Author: Henry Alexander Redwood
Publisher: Cambridge University Press
ISBN: 110884474X
Category : History
Languages : en
Pages : 247
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Book Description
Offers the first analysis of international courts' archives and of how these constitute the international community as a particular reality.
Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 1108427766
Category : Law
Languages : en
Pages : 373
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Book Description
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
Author: Robert Yewdall Jennings
Publisher:
ISBN: 9780859584555
Category : International law
Languages : en
Pages : 17
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Book Description
Author: Mikael Rask Madsen
Publisher: Oxford University Press
ISBN: 0192515047
Category : Law
Languages : en
Pages : 450
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Book Description
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
Author: Trudy Huskamp Peterson
Publisher:
ISBN:
Category : Court records
Languages : en
Pages : 20
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Book Description
Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.
Author: Julia Viebach
Publisher: Routledge
ISBN: 1000541681
Category : Political Science
Languages : en
Pages : 203
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Book Description
Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
ISBN: 9781009055642
Category : Law
Languages : en
Pages : 200
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Book Description
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 110842385X
Category : Law
Languages : en
Pages : 397
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Book Description
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Author: Karen J. Alter
Publisher: Oxford University Press
ISBN: 0191502138
Category : Law
Languages : en
Pages :
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Book Description
Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system. Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.
Author: Karen J. Alter
Publisher:
ISBN: 9780191836909
Category : International courts
Languages : en
Pages : 464
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Book Description
International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.
