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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Applicable Law Before International Courts and Tribunals


ISBN13: 9780199212682
To be Published: May 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



This book concerns a topic of increasing importance in international dispute settlement: the principles according to which an international tribunal with a limited jurisdiction may apply 'law' other than the law specific to its jurisdiction when resolving a dispute.

These questions are sometimes regulated in the instruments establishing particular tribunals, but the interpretation of these provisions has proved to be controversial, while many instruments establishing international courts and tribunals fail entirely to provide guidance on these issues.

This book has three main objectives: first, to undertake a comprehensive theoretical and comparative study of the treatment of the issue of applicable law in the most important instruments establishing international courts and tribunals; second, to arrive at default rules that should apply to tribunals without an express rule on applicable law; and third, to explore the implications of such rules for the international legal order.

The conceptual context of the research question at issue is the increasing fragmentation of the international legal order, which is a result of the proliferation of both international treaties and international dispute settlement activity over the past decade. In this overall context, there have been studies on different aspects of this issue, including the scope of jurisdiction of international tribunals, conflicts between the decisions of international tribunals and - this being an old question - the hierarchy of norms in general international law.

However, this book is the first to give a comprehensive and comparative treatment to the topic of the 'applicable law' of specific courts and tribunals.

Subjects:
Public International Law
Contents:
1. Jurisdiction and applicable law
2. Applicable law provision
3. Resolution of conflicts
4. Default rules in cases of silence
5. Implications for general international law

Series: International Courts and Tribunals

Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£24.99
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£29.99
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£24.99
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
Buy
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£70.00
£58.33 + £11.67 VAT
(ePub)
Buy
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£70.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£61.67 + £12.33 VAT
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£74.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
Buy
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£74.00
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£78.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£65.00 + £13.00 VAT
(ePub)
Buy
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£105.00
£122.50
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£40.99
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£40.99
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£82.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£95.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£95.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£110.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£54.00
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£38.99