The proliferation of international courts and tribunals has given
rise to several new issues affecting the administration of
international justice. This book makes a significant 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.
The book examines this question by considering several key issues
relating to procedure and remedies, and analyzes relevant
international jurisprudence to demonstrate that there is
substantial 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 thedevelopment of the
international legal system.
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