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Domestic Law Goes Global - Legal Traditions and International Courts (Hardcover)
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Domestic Law Goes Global - Legal Traditions and International Courts (Hardcover)
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International courts have proliferated in the international system,
with over one hundred judicial or quasi-judicial bodies in
existence today. This book develops a rational legal design theory
of international adjudication in order to explain the variation in
state support for international courts. Initial negotiators of new
courts, 'originators', design international courts in ways that are
politically and legally optimal. States joining existing
international courts, 'joiners', look to the legal rules and
procedures to assess the courts' ability to be capable, fair and
unbiased. The authors demonstrate that the characteristics of civil
law, common law and Islamic law influence states' acceptance of the
jurisdiction of international courts, the durability of states'
commitments to international courts, and the design of states'
commitments to the courts. Furthermore, states strike cooperative
agreements most effectively in the shadow of an international court
that operates according to familiar legal principles and rules.
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