This title chronicles the transformation of the United States Circuit Courts; considers the merits and dangers of continued truncating procedures; catalogues and responds to the array of specious arguments against increasing the size of the judiciary; and considers several ways …
"The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantive new essays by leading experts in the field, giving students, scholars, and practitioners a com…
"This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides reade…
"This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly but also on how the lawsuits shape corporate behavior and public opinion. It provides readers…
"Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider …
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is of…
"The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standp…
Examines the interface between international organizations and international dispute settlement, with a view to aspects of independence of judicial bodies, conflicts of interest, etc. Includes an ILO contribution by A.-M. La Rosa, exploring ILO's constitutional provisions in the…
As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in int…
"Judicial Deliberations" compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.…
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through …
"In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may …
This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guid…
The US response to 9/11 was exceptional. The 'war on terror' challenged certain international norms as articulated in international law. This book focuses on four specific areas: US policy on the targeting,prosecution, detention, and interrogation of suspected terrorists.
This title, by an academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices.
This title, by an academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices.
The new edition of this work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercialtransactio…