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Vol 21 No 10 Oct/Nov 2016

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Questions of Jurisdiction and Admissibility Before International Courts


ISBN13: 9781107038790
Published: December 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



Low stock.

This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts.

The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power.

On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

Subjects:
Public International Law
Contents:
Introduction
Part I. The Concept of Jurisdiction and Admissibility in International Adjudication:
1. Jurisdiction as a policy tool
2. Jurisdiction as delegated authority
3. Jurisdiction as a power constraint on international courts
4. The role of admissibility in the exercise of judicial power
5. The conflicting interests of international judges reviewing jurisdiction and admissibility

Part II. The Law Governing Jurisdictional Decisions of International Courts:
6. Jurisdiction in abstracto and in concreto
7. Distinguishing jurisdiction from substantive law
8. International court decisions on jurisdiction as a form of category-based case selection
9. Individual case-by-case selection

Part III. Questions of Admissibility before International Courts:
10. The taxonomical challenge
11. Admissibility as a policy tool
Conclusion.

Series: Hersch Lauterpacht Memorial Lectures

The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9781107407053
Published August 2012
Cambridge University Press
£24.99
Investment Treaty Arbitration: Judging Under Uncertainty ISBN 9781107022515
Published April 2012
Cambridge University Press
£54.99
Denial of Justice in International Law ISBN 9780521172912
Published June 2011
Cambridge University Press
£28.99
The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9780521194136
Published February 2010
Cambridge University Press
£44.99
Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521748414
Published March 2009
Cambridge University Press
£34.99
Recourse to Force: State Action Against Threats & Armed Attacks ISBN 9780521104203
Published February 2009
Cambridge University Press
£23.99
Precedent in the World Court
Mohamed ShahabuddeenInternational Court of Justice, The Hague
ISBN 9780521046718
Published December 2007
Cambridge University Press
£34.99
Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521860079
Published May 2006
Cambridge University Press
£89.99
Denial of Justice in International Law ISBN 9780521851183
Published September 2005
Cambridge University Press
£89.99
The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521548090
Published July 2004
Cambridge University Press
£64.99
The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521623117
Published May 2003
Cambridge University Press
£139.99
Recourse to Force: State Action against Threats and Armed Attacks ISBN 9780521820134
Published December 2002
Cambridge University Press
£69.99
Self-determination of Peoples: A Legal Reappraisal ISBN 9780521637527
Published December 1998
Cambridge University Press
£49.99
Precedent in the World Court
Mohamed ShahabuddeenInternational Court of Justice, The Hague
ISBN 9780521563109
Published January 1998
Cambridge University Press
Price on Application
Aspects of the Administration of International Justice ISBN 9780521463126
Published January 1991
Cambridge University Press
Out of print
Corporations in and Under International Law
Ignaz Seidl-HohenveldernUniversitat Wien, Austria
ISBN 9780521463249
Published January 1987
Cambridge University Press
Out of print