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Over the last century, international courts, once reserved for
arcane matters of diplomacy and trade, have begun to address a
broad range of human experience and activity. This volume corrects
some of the common misperceptions about international judges, while
providing a balanced introduction to both the strengths and
shortcomings of their work. As they rule on crucial issues of war
and peace, human rights, and trade, in addition to high-profile
criminal trials, international judges are playing a critical role
in developments that will affect world affairs for years to come.
Based on interviews with more than 30 international judges, this
volume is the first comprehensive portrait of the men and women in
this new global profession. The working environment of
international judges is closely examined in courts around the
world, highlighting the challenge of carrying out work in multiple
languages, in the context of intricate bureaucratic hierarchies,
and with a necessary interdependence between judges and their
courts' administration. Arguing that international judges have to
balance their responsibilities as interpreters of the law and as
global professionals, the authors discuss the challenges of working
in the fluid circumstances of international courts. Profiles of
five individual judges provide insight into the experience and
dilemmas of the men and women on the international bench.
The Sword and the Scales is the first in-depth and comprehensive
study of attitudes and behaviors of the United States toward major
international courts and tribunals, including the International
Courts of Justice, WTO, and NAFTA dispute settlement systems; the
Inter-American Court of Human Rights; and all international
criminal courts. Thirteen essays by American legal scholars map and
analyze current and past patterns of promotion or opposition, use
or neglect, of international judicial bodies by various branches of
the United States government, suggesting a complex and deeply
ambivalent relationship. The United States has been, and continues
to be, not only a promoter of the various international courts and
tribunals but also an active participant of the judicial system. It
appears before some of the international judicial bodies frequently
and supports more, both politically and financially. At the same
time, it is less engaged than it could be, particularly given its
strong rule of law foundations and its historical tradition of
commitment to international law and its institutions.
The advent of the CRISPR/Cas9 class of genome editing tools is
transforming not just science and medicine, but also law. When the
genome of germline cells is modified, the modifications could be
inherited, with far-reaching effects in time and scale. Legal
systems are struggling with keeping up with the CRISPR revolution
and both lawyers and scientists are often confused about existing
regulations. This book contains an analysis of the national
regulatory framework in eighteen selected countries. Written by
national legal experts, it includes all major players in
bioengineering, plus an analysis of the emerging international
standards and a discussion of how international human rights
standards should inform national and international regulatory
frameworks. The authors propose a set of principles for the
regulation of germline engineering, based on international human
rights law, that can be the foundation for regulating heritable
gene editing both at the level of countries as well as globally.
The advent of the CRISPR/Cas9 class of genome editing tools is
transforming not just science and medicine, but also law. When the
genome of germline cells is modified, the modifications could be
inherited, with far-reaching effects in time and scale. Legal
systems are struggling with keeping up with the CRISPR revolution
and both lawyers and scientists are often confused about existing
regulations. This book contains an analysis of the national
regulatory framework in eighteen selected countries. Written by
national legal experts, it includes all major players in
bioengineering, plus an analysis of the emerging international
standards and a discussion of how international human rights
standards should inform national and international regulatory
frameworks. The authors propose a set of principles for the
regulation of germline engineering, based on international human
rights law, that can be the foundation for regulating heritable
gene editing both at the level of countries as well as globally.
In response to the weaknesses of international tribunals and
domestic courts in the prosecution of crimes such as genocide,
crimes against humanity and war crimes, a new generation of
"internationalized" criminal courts has been established. This book
addresses three active and one putative jurisdiction of this kind
in East Timor, Kosovo, Sierra Leone, and Cambodia.
The post-Cold War proliferation of international adjudicatory
bodies and increase in litigation has greatly affected
international law and politics. A growing number of international
courts and tribunals, exercising jurisdiction over international
crimes and sundry international disputes, have become, in some
respects, the lynchpin of the international legal system. The
Oxford Handbook of International Adjudication charts the
transformations in international adjudication that took place
astride the twentieth and twenty-first century, bringing together
the insight of 47 prominent legal, philosophical, ethical,
political, and social science scholars. Overall, the 40
contributions in this Handbook provide an original and
comprehensive understanding of the various contemporary forms of
international adjudication. The Handbook is divided into six parts.
Part I provides an overview of the origins and evolution of
international adjudicatory bodies, from the nineteenth century to
the present, highlighting the dynamics driving the multiplication
of international adjudicative bodies and their uneven expansion.
Part II analyses the main families of international adjudicative
bodies, providing a detailed study of state-to-state, criminal,
human rights, regional economic, and administrative courts and
tribunals, as well as arbitral tribunals and international
compensation bodies. Part III lays out the theoretical approaches
to international adjudication, including those of law, political
science, sociology, and philosophy. Part IV examines some
contemporary issues in international adjudication, including the
behavior, role, and effectiveness of international judges and the
political constraints that restrict their function, as well as the
making of international law by international courts and tribunals,
the relationship between international and domestic adjudicators,
the election and selection of judges, the development of judicial
ethical standards, and the financing of international courts. Part
V examines key actors in international adjudication, including
international judges, legal counsel, international prosecutors, and
registrars. Finally, Part VI overviews select legal and procedural
issues facing international adjudication, such as evidence,
fact-finding and experts, jurisdiction and admissibility, the role
of third parties, inherent powers, and remedies. The Handbook is an
invaluable and thought-provoking resource for scholars and students
of international law and political science, as well as for legal
practitioners at international courts and tribunals.
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