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A Common Law of International Adjudication [199265]

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The first work to consider the effect of proliferation on the applicable procedural law and available remedies before a range of international courts and tribunals Discrete chapters on individual issues such as rules of evidence, power to grant provisional measures, power to interpret and revise judgments and awards, and availability of remedies, making the book a useful practitioner reference work Examines the proliferation of at least 12 new international courts and tribunals over the last 15 years, and their importance concerning the administration of international justice Covers both expressly conferred and inherent powers of international courts, and searches for the common rules of their exercise and limitations The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant 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 substantial 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 the international legal system. Readership: Academics, scholars, and advanced students of Public International Law, International Courts and Procedures, International Arbitration, and Settlement of International Disputes Contents Abstract Preface Acknowledgments Table of Contents Table of Abbreviations Introduction 1. A Common Law of International Adjudication: Background and Scope 2. The Powers of International Courts Relating to Procedure and Remedies 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 Implications Conclusion Bibliography Table of Cases Table of International Instruments.

A Common Law of International Adjudication

Author:	Brown, Chester
Date Published:	6 September 2007
Document Type:	Books
ISBN13:	9780199206506
Publisher:	Oxford University Press

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