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International Judicial Integration and Fragmentation (eBook)


ISBN13: 9780191650840
Published: May 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £30.41
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Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed.

This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law, genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts.

The work focuses on four main courts:-

  • the International Court of Justice (ICJ),
  • the International Criminal Court (ICC),
  • the International Criminal Tribunal for the Former Yugoslavia (ICTY),
  • and the International Criminal Tribunal for Rwanda (ICTR),
which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Subjects:
Public International Law, eBooks
Contents:
1. Introduction
2. Genocide
3. Immunities
4. Use of Force
5. Explaining Judicial Integration and Fragmentation
6. Conclusion

Series: International Courts and Tribunals

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Assessing the Effectiveness of International Courts ISBN 9780198794318
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In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
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International Judicial Integration and Fragmentation ISBN 9780198743729
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Professional Ethics at the International Bar ISBN 9780199679461
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Professional Ethics at the International Bar (eBook) ISBN 9780191668838
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International Judicial Integration and Fragmentation ISBN 9780199671151
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Reception of International Law in the European Court of Human Rights ISBN 9780199592678
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Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
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A Common Law of International Adjudication ISBN 9780199563906
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Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
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Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
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The Competing Jurisdictions of International Courts and Tribunals
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Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
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