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A Common Law of International Adjudication
Contributor(s): Brown, Chester (Author)

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 ISBN: 0199206503     ISBN-13: 9780199206506
Publisher: OUP Oxford
OUR PRICE: $166.25  

Binding Type: Hardcover - See All Available Formats & Editions
Published: October 2007
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Annotation: Recent years have seen a proliferation of international courts and tribunals, which 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.
The 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, thereforehaving positive implications for the development of an truly international legal system.

Click for more in this series: International Courts and Tribunals (Hardcover)
Additional Information
BISAC Categories:
- Law | International
- Law | Arbitration, Negotiation, Mediation
- Law | Courts - General
Dewey: 341.55
LCCN: 2007024144
Series: International Courts and Tribunals (Hardcover)
Physical Information: 1.06" H x 6.59" W x 9.42" L (1.55 lbs) 280 pages
Features: Bibliography, Dust Cover, Index, Table of Contents
 
Descriptions, Reviews, Etc.
Publisher Description:
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.

The book examines this question by considering several key issues relating to procedure and remedies, and analyzes 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.
 
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