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Domestic law goes global : legal traditions and international courts legal traditions and international courts / Sara McLaughlin Mitchell, Emilia Justyna Powell.

By: Contributor(s): Material type: TextLanguage: Eng Publication details: Cambridge, UK ; New York : Cambridge University Press, 2011.Description: xiv, 263 pages : illustrations ; 24 cmISBN:
  • 9781107004160 (cloth)
  • 1107004160 (cloth)
Subject(s): Genre/Form: DDC classification:
  • 341.5/5 22
LOC classification:
  • KZ6250 .M58
Online resources:
Contents:
The creation and expansion of international courts -- Major legal traditions of the world -- A rational legal design theory of international adjudication -- Domestic legal traditions and the creation of the International Criminal Court -- Domestic legal traditions and state support for the World Court -- The rational design of state commitments to international courts -- The consequences of support for international courts -- Conclusion.
Summary: "International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules"--Provided by publisher.
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Cover image Item type Current library Home library Collection Shelving location Call number Materials specified Vol info URL Copy number Status Notes Date due Barcode Item holds Item hold queue priority Course reserves
Books African Court on Human and Peoples' Rights Library KZ6250 .M58 (Browse shelf(Opens below)) Available 10235442
Books African Court on Human and Peoples' Rights Library KZ6250 .M58 (Browse shelf(Opens below)) Available 10235450

Includes bibliographical references (pages 238-254) and index.

The creation and expansion of international courts -- Major legal traditions of the world -- A rational legal design theory of international adjudication -- Domestic legal traditions and the creation of the International Criminal Court -- Domestic legal traditions and state support for the World Court -- The rational design of state commitments to international courts -- The consequences of support for international courts -- Conclusion.

"International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules"--Provided by publisher.

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