A Common Law of International Adjudication


ISBN13: 9780199206506
ISBN: 0199206503
Published: August 2007
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £60.00

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 signification 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 susbstantial 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 an truly international legal system.

  • Discrete chapters on individual issues such as rules of evidence, power to grant provisional measures, power to interpret and revise judgments and awards, and availability of remedies, making the book a useful practitioner reference work
  • Examines the proliferation of at least 12 new international courts and tribunals over the last 15 years, and their importance concerning the administration of international justice
  • Covers both expressly conferred and inherent powers of international courts, and searches for the common rules of their exercise and limitations

Series: International Courts and Tribunals

Title/authors
Regulating Jurisdictional Relations Between National and International Courts NEW ISBN13: 9780199563852 To be Published: February 2009 Publisher: Oxford University Press £29.99 - Not Yet Published 
Complementarity in the Rome Statute and National Criminal Jurisdictions NEW ISBN13: 9780199238453 To be Published: December 2008 Publisher: Oxford University Press £60.00 - Not Yet Published 
The International Judge : An Introduction to the Men and Women Who Decide the World's Cases ISBN13: 9780199238736
Published: November 2007
Publisher: Oxford University Press
£24.99 
Regulating Jurisdictional Relations Between National and International Courts ISBN13: 9780199211791
Published: August 2007
Publisher: Oxford University Press
£60.00 
The Competing Jurisdictions of International Courts and Tribunals ISBN13: 9780199258574
Published: June 2005
Publisher: Oxford University Press
£79.00 
Provisional Measures in International Law The ICJ and the International Tribunal for the Law of the Sea ISBN13: 9780199268061 Published: January 2005 Publisher: Oxford University Press £73.00 
Compliance with Decisions of the International Court of Justice ISBN13: 9780199276721 Published: November 2004 Publisher: Oxford University Press £95.00 
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN13: 9780199276745 Published: October 2004 Publisher: Oxford University Press £42.00 
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN13: 9780199276738 Published: October 2004 Publisher: Oxford University Press Out of print 
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN13: 9780199274284 Published: September 2004 Publisher: Oxford University Press £34.99