The contribution of international and supranational courts to the rule of law

著者

• Baere, G. de
• Wouters, Jan

書誌事項

The contribution of international and supranational courts to the rule of law

edited by Geert De Baere, Jan Wouters

（Leuven global governance）

Edward Elgar, c2015

• : cased

注記

"Leuven Centre for global governance studies"--Cover

Includes bibliographical references and index

収録内容

• Prologue: An overview of the contribution of international tribunals to the rule of law / Antônio Augusto Cançado Trindade
• The contribution of international and supranational courts to the rule of law : a framework for analysis / Geert De Baere, Anna-Luise Chané and Jan Wouters
• The International Court of Justice / Philippe Couvreur
• Constructing the International Criminal Court's rule of law identity / Kenneth Chan and Jan Wouters
• The appellate body of the World Trade Organization / Peter Van den Bossche
• The contribution of the International Tribunal for the Law of the Sea to the rule of law / Philippe Gautier
• The contribution of the European Court of Human Rights to the rule of law / Paul Lemmens
• The Court of Justice as the guarantor of the rule of law within the European Union / Koen Lenaerts
• International criminal justice and the rule of law : the experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY) / Serge Brammertz
• The Iran-United States Claims Tribunal and its contribution to international law / Hans Van Houtte and Barbara Concolino
• The Special Tribunal for Lebanon and the rule of law / Daniel Fransen
• Epilogue: Curb, channel and coordinate : the constitutionalisation of international courts and tribunals / Andreas Follesdal

内容説明・目次

内容説明

This book offers a unique and essential combination of careful self-assessment of the achievements and challenges of international adjudication, in chapters written by scholars who are also members of the most prominent international courts, together with a rigorous and sober external analysis of the promise and limits of promoting the international rule of law through adjudication. The book provides the state of the art contemporary overview of the field and therefore is a must read for scholars, students and practitioners.' - Eyal Benvenisti, University of Cambridge, UK, Tel Aviv University, Israel and New York University, US'This is a timely, fascinating and challenging collection of essays by eminent jurists. The range of courts covered from the International Court of Justice, the International Criminal Court, the European Court of Human Rights to the Appellate Body of the WTO and the Special Tribunal for Lebanon demonstrates the reach of this work as well as the importance and timeliness of the subject-matter. The quality of the authors matches the significance of the topic. The problems as well as the steps forward are well explained. This book should be read.' - Malcolm N. Shaw QC, University of Cambridge and practising barrister at Essex Court Chambers, London, UK 'A comprehensive overview, aptly written by eminent specialists of international courts, on a notion at once intriguing and important for international law. Rule of law - a concept of municipal constitutional law, essential for the modern conception of society, and yet such a delicate, but also developing, notion in the sometimes rough jurisprudence of nations.' - Robert Kolb, University of Geneva, Switzerland International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice. Contributors include: S. Brammertz, A.A.Cancado Trindade, K. Chan, A.-L. Chane, B. Concolino, P. Couvreur, G. De Baere, A. Follesdal, D. Fransen, P. Gautier, P. Lemmens, K. Lenaerts, P. Van den Bossche, H. Van Houtte, J. Wouters

目次

Contents: PART I THEORETICAL FRAMEWORK 1. Prologue: An Overview of the Contribution of International Tribunals to the Rule of Law Antonio Augusto Cancado Trindade 2. The Contribution of International and Supranational Courts to the Rule of Law: A Framework for Analysis Geert De Baere, Anna-Luise Chane and Jan Wouters PART II GLOBAL COURTS AND TRIBUNALS 3. The International Court of Justice Philippe Couvreur 4. Constructing the International Criminal Court's Rule of Law Identity Kenneth Chan and Jan Wouters 5. The Appellate Body of the World Trade Organization Peter Van den Bossche 6. The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law Philippe Gautier PART III REGIONAL COURTS 7. The Contribution of the European Court of Human Rights to the Rule of Law Paul Lemmens 8. The Court of Justice as the Guarantor of the Rule of Law Within the European Union Koen Lenaerts PART IV TRIBUNALS PERTAINING TO PARTICULAR SITUATIONS 9. International Criminal Justice and the Rule of Law: The Experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Serge Brammertz 10. The Iran-United States Claims Tribunal and its Contribution to International Law Hans Van Houtte and Barbara Concolino 11. The Special Tribunal for Lebanon and the Rule of Law Daniel Fransen PART V EPILOGUE 12. Epilogue: Curb, Channel and Coordinate: The Constitutionalism of International Courts and Tribunals Andreas Follesdal Index

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詳細情報

• NII書誌ID(NCID): BB20982597
• ISBN:
  • 9781783476619
• LCCN: 2015943172
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Cheltenham
• ページ数/冊数: xxviii, 383 p.
• 大きさ: 24 cm
• 分類:
  • LCC : K3171
• 件名:
  • LCSH : Rule of law
  • LCSH : International courts
  • LCSH : International and municipal law
  • LCSH : Supranationalism
• 親書誌ID:
  • BB09977797