A Common Law of International Adjudication - THE INTERNATIONAL COURTS & TRIBUNALS SERIES (Hardback)
  • A Common Law of International Adjudication - THE INTERNATIONAL COURTS & TRIBUNALS SERIES (Hardback)
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A Common Law of International Adjudication - THE INTERNATIONAL COURTS & TRIBUNALS SERIES (Hardback)

(author)
£93.00
Hardback 368 Pages / Published: 06/09/2007
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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.

Publisher: Oxford University Press
ISBN: 9780199206506
Number of pages: 368
Weight: 683 g
Dimensions: 241 x 164 x 26 mm


MEDIA REVIEWS
Chester Brown's book provides a very valuable first study of the emergence of a common law of international adjudication that is fed by an increasing number of international courts and tribunals...this book fills a gap in the legal literature on a topic that is of growing importance in the practice of international law litigation * Stephan Wittich, University of Vienna, Austrian Review of International and European Law *
[Brown's] analysis is an excellent and an important contribution to the understanding of the complex issues associated with the proliferation of international courtsand tribunals, competing jurisdictions, and fragmentation ofinternational law. * European Journal of International Law (20) *
[T]his volume,,,stands out for its breadth and for its insight into international adjudication...[It] surelu deserves the recognition that it has received for its technical merit. * American Journal of International Law *
[A]n insightful and thoughtful work that is clearly and concisely written. The author has undertaken a mammoth research task and condensed it into an approachable and lucid study. * Australian Yearbook of International Law vol 27 *

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