Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of 'unwillingness' or 'inability' on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of 'unwillingness' and 'inability.' The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to 'unwillingness' and 'inability.' The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Tribunals for Rwanda and Yugoslavia, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

This book addresses the European Court of Human Rights' fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court's jurisprudence.

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

International trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization in the second half of the 20th century. International organizations, whose modern form emerged during the height of colonialism, took on this role in the "post-colonial" era, internationalizing trusteeship and re-legitimizing it as a feature of international public policy into the bargain. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, such as the recent UN missions in Kosovo and East Timor, a comparison between this activity and colonial trusteeship, the Mandates and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship.
From British colonialist Lord Lugard's "dual mandate" to the High Representative in Bosnia and Herzegovina Lord Ashdown's "state-building" agenda, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and necessitates a re-evaluation of the current significance of the self-determination entitlement.

Now that the Cold War has ended and poverty, environmental crises and nationalist demands loom so large in world affairs, the establishment of a just world order has become an urgent priority. But what is international justice? Are international agents ever likely to be just, and under what conditions? This book considers answers to these questions as found in the modern tradition of political philosophy - the tradition of Hobbes, Kant, Fichte, Hegel, Mill and Marx - and in contemporary writings about international justice and world order. "Justice and World Order" determines the implications for international justice of the debates between cosmopolitans and communitarians. Is a well-grounded, universally acceptable theory of international justice possible, and if so, what social relationships should a just world promote? The book develops a theory of international justice and a conception of a just world which take as basic a respect for individual freedom and differences among communities. This book should be of interest to undergraduates and academics of social and political philosophy.

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

This Study Guide is designed to help students review and apply the material presented in the textbook, "Families in Context." Many of the sample questions were originally prepared by Wanda Clark for the first edition of the textbook. The organization of this study guide corresponds to chapters in "Families in Context."To learn more about the "Families in Context" main text, please visit the bookpage here: Families In Context, Second Edition, Revised & Updated

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

Great Judgments of the European Court of Justice presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law.

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary - judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics - and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.

Combining analysis of the EU's recent moves towards harmonization of civil procedure and execution of judgments with a comparative survey of existing arrangements for enforcement in representative European jurisdictions (England, Germany, France, Sweden, Spain), this book will be of interest both to academics and to litigation specialists in practice. Topics covered include: structural differences between systems; availability of information about judgment debtors; provisional and protective measures; service of documents; procedure for exequatur; garnishment; and non-money judgments.

The threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World examines the relationship between Western influence and counter-terrorism law, focusing on the Arab world, which is, on the one hand, a hostile producer of terrorist organizations, and on the other, a leader in countering 'terrorism'. With case studies of Egypt and Tunisia, Alzubairi traces the colonial roots of the use of coercion and extra-legal measures to protect the ruling order, which are now justified in both the West and the Arab world in the name of counter-terrorism. Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World provides important lessons for counter-terrorism, not just in these countries but also elsewhere in the world.

The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.

This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. Now with an updated postscript for the paperback edition, it offers a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases - Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) - originally focused on race, many of the rewritten opinions - Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) - are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.