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A Common Law of International Adjudication (Paperback)
Loot Price: R1,967
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A Common Law of International Adjudication (Paperback)
Series: International Courts and Tribunals
Expected to ship within 12 - 17 working days
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Recent years have seen a proliferation of international courts and
tribunals, which has given rise to several new issues affecting the
administration of international justice. This book makes a
signification contribution to understanding the impact of this
proliferation by addressing one important question: namely, whether
international courts and tribunals are increasingly adopting common
approaches to issues of procedure and remedies. This book's central
argument is that there is an increasing commonality in the practice
of international courts to the application of rules concerning
these issues, and that this represents the emergence of a common
law of international adjudication.
This book examines this question by considering several key issues
relating to procedure and remedies, and analyzes relevant
international jurisprudence to demonstrate that there is
susbstantial commonality. It goes on to look at why international
courts are increasingly adopting common approaches to such
questions, and why a greater degree of commonality may be found
with respect to some issues rather than others. In doing so, light
is shed on the methods adopted by international courts to engage in
the cross-fertilization of legal principles.
The emergence of a common law of international adjudication has
important practical and theoretical implications, as it suggests
that international courts can also devise common approaches to the
challenges that they face in the age of proliferation. It also
suggests that international courts do not generally operate as
self-contained regimes, but rather that they regard themselves as
forming part of a community of international courts, therefore
having positive implications for the development of an truly
international legal system.
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