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International Judicial Integration and Fragmentation (Hardcover)
Loot Price: R2,795
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International Judicial Integration and Fragmentation (Hardcover)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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Fragmentation is one of the major debates within international law,
but no detailed case studies have been made to show the problems
that it creates, and how they can be addressed. This book asks
whether the growing number of international judicial bodies render
decisions that are largely consistent with one another, which
factors influence this (in)consistency, and what this tells us
about the development of international law by international courts
and tribunals. It answers these questions by focusing on three
areas of law, genocide, immunities, and the use of force, as in
each of these areas different international judicial entities have
dealt with cases stemming from the same situation and set of facts.
The work focuses on four main courts: the International Court of
Justice (ICJ), the International Criminal Court (ICC), the
International Criminal Tribunal for the Former Yugoslavia (ICTY),
and the International Criminal Tribunal for Rwanda (ICTR), which
often interpret, apply, and develop the same legal principles,
despite their different mandates and functions. It argues that
judicial fragmentation is damaging to the international legal
system, as coherent and compatible pronouncements on the law by
international courts are vital to retaining the confidence of the
international community. Ultimately, the book makes a plea for the
importance of judicial integration for the stability and
reliability of the international legal system.
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