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Judicial Integration and Fragmentation in the International Legal System (International Courts and Tribunals Series) - Hardcover
Synopsis
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.
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About the Author
Philippa Webb is a Lecturer at King's College London.
Review
In this, her first monograph, Philippa Webb contributes an important new voice, together with her formidable skills of legal analysis, to one of the most important questions that can be asked of any legal system: just exactly how does it all fit together and where should we go from here? * Campbell McLachlan *
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- PublisherOxford University Press
- Publication date2013
- ISBN 10 019967115X
- ISBN 13 9780199671151
- BindingHardcover
- LanguageEnglish
- Number of pages288
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Judicial Integration and Fragmentation in the International Legal System (International Courts and Tribunals Series)
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International judicial integration and fragmentation.
Published by
Oxford University Press, 2013
ISBN 10: 019967115X
ISBN 13: 9780199671151
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Hardcover
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Condition: as new. Oxford :Oxford University Press, 2016. Hardcover. Dustjacket. 288 pp. Includes bibliographical references (pages 229-248) and index. - 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. Condition : as new copy. ISBN 9780199671151. Keywords : RECHT, Seller Inventory # 279549
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