- Editors’ Preface
- Table of Cases
- Table of Instruments
- List of Abbreviations
- Notes on the Contributors
- Mapping International Adjudicative Bodies, the Issues, and Players
- Illustrations: A Reader’s Guide
- The History of International Adjudication
- The Multiplication of International Courts and Tribunals After the End of the Cold War
- The Shadow Zones of International Judicialization
- Trial and Error in International Judicialization
- The Challenge of “Proliferation”: An Anatomy of the Debate
- What are International Judges for? The Main Functions of International Adjudication
- International Judicial Bodies for Resolving Disputes Between States
- International Criminal Courts
- International Human Rights Courts
- Courts of Regional Economic and Political Integration Agreements
- International Claims and Compensation Bodies
- Investment Arbitration
- International Administrative Tribunals
- Transnational Legal Process Theories
- Political Science and International Adjudication
- Sociological Approaches to International Courts
- Legal Philosophical Issues of International Adjudication Getting Over the <i>amour impossible</i> between International Law and Adjudication
- Compliance with Judgments and Decisions
- The Effectiveness of International Adjudicators
- Political Constraints on International Courts
- The Spell of Precedents Lawmaking by International Courts and Tribunals
- Conversations among Courts Domestic and International Adjudicators
- International Judicial Behavior
- Who Litigates and Why
- The Financing of International Adjudication
- Who are International Judges?
- The International Bar
- Communities of International Litigators
- The Role of the International Prosecutor
- Defense Counsel in International Criminal Trials
- The Role of Registries and Legal Secretariats in International Judicial Institutions
- The Selection of International Judges
- International Judicial Ethics
- Jurisdiction and Admissibility
- Third Parties
- Inherent Powers in International Adjudication
- Evidence, Fact-Finding, and Experts
- International Judicial Bodies: Recapitulation
- States Subject to Compulsory Jurisdiction (as at July 1, 2013)
Abstract and Keywords
This chapter previews the institutional, legal, and empirical terrain covered by this handbook. It begins by explaining some key definitions and concepts, particularly the fundamental distinctions between adjudicative bodies from diplomatic means and other non-binding procedures; judicial bodies from arbitral bodies; and international adjudicatory mechanisms from their domestic counterparts. It then arranges the dozens of existing international adjudicative bodies into two large groups: arbitral bodies and international judicial bodies, and then further divides these two groups into several sub-groups, according to similarities in structure or function. This is followed by discussions of the challenges faced by international adjudicatory bodies and the major players involved. Finally, the article considers the main theoretical models applied to the study of international adjudication.
Cesare PR Romano is Professor of Law and W Joseph Ford Fellow at Loyola Law School Los Angeles. He has degrees in political science (Università degli Studi di Milano: Laurea, 1992; Istituto per gli Studi di Politica Internazionale, Diploma, 1993); international relations (Graduate Institute of International and Development Studies: Diplôme d’Études Supérieures, 1995, and Ph.D., 1999); and law (New York University: LL.M., 1997). His expertise is in international law, but he also has substantial background in diplomatic history and economics. In 1997, he co-founded the Project on International Courts and Tribunals, which he continues to co-direct. In 2012, he became Senior Fellow of Pluricourts, the center of excellence for the study of international courts of the Faculty of Law of the University of Oslo, and of iCourts, the Danish National Research Foundation’s center of excellence for international courts.
Karen J Alter is Professor of Political Science and Law at Northwestern University, and a permanent visiting professor at the iCourts Center for Excellence, University of Copenhagen Faculty of Law. Alter is author of The European Court’s Political Power (Oxford University Press 2009), Establishing the Supremacy of European Law (Oxford University Press 2001), and The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press 2014).
Yuval Shany is the Hersch Lauterpacht Chair in International Law and Dean of the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as a member of the UN Human Rights Committee, a senior fellow at the Israel Democracy Institute, and a co-director in the Project on International Courts and Tribunals (PICT). Shany has degrees in law from the Hebrew University (LL.B., 1995 cum laude), New York University (LL.M., 1997) and the University of London (Ph.D., 2001). He has published a large number of books and articles on international courts and arbitration tribunals, international human rights law, international humanitarian law, and international criminal law. He is the recipient of the 2004 American Society of International Law book award (creative legal scholarship) and a 2008 recipient of a European Research Council grant awarded to pioneering research leaders. Shany has taught in a number of law schools in and outside Israel, and has been in recent years a research fellow at Harvard and Amsterdam Universities and the Max Planck Institute in Heidelberg.
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