This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.
The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
Exploring case studies from the first Gulf War to the Syria crisis, this book discusses different approaches to the use of international law and the role it plays in international power politics.
In Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter Tamsin Phillipa Paige conducts
Offering a fascinating account of Security Council micro-politics and decision-making processes on sanctions, this rigorous comparative and theory-driven analysis treats the Council and its sanctions
This book is the first comprehensive and comparative contribution to explore and identify the key factors that hamper and enable the development and deployment of multinational rapid response mechanis
The aim of the book is to create an user-friendly, accessible guide to the complex area of sanctions law. In particular, the book will examine how sanctions restrictions work in practice, and wha
The world has entered an unprecedented period of uncertainty and political instability. Faced with the challenge of knowing and acting within such a world, the spread of computers and connectivity, an
The world has entered an unprecedented period of uncertainty and political instability. Faced with the challenge of knowing and acting within such a world, the spread of computers and connectivity, an
The international system is becoming increasingly legalized, with legal arguments and legal advisors playing an increasingly important part in the state policymaking process. Presenting a practice-ori
This book investigates and explains the European Union’s approach to conflict resolution in three countries of the Western Balkans: Bosnia and Herzegovina, Macedonia and Kosovo. In doing so, it critic
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.
In The Right of Actio Popularis before International Courts and Tribunals Farid Ahmadov provides a detailed analysis of the elements of actio popularis and its operation before various international c
