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It gathers a varied group of international legal academics; ranging
from world-renowned authorities in the field (e.g. Karen Alter
(Northwestern), Bill Bowring (Birkbeck) and Armand de Mestral
(McGill)), other well-established academics from institutions such
as Cambridge and Copenhagen, UN officials, and early-career
academics. The authors hail from all over the world. It is a
diverse group of contributors, each with a unique set of expertise
and an original perspective on the work of international courts.
The end of World War II marked the beginning of a new golden era in
international law. Treaties and international organisations
proliferated at an unprecedented rate, and many courts and
tribunals were established with a view to ensuring the smooth
operation of this new universe of international relations. The
network of courts and tribunals that exists today is an important
feature of our global society. It serves as an alternative to
other, sometimes more violent, forms of dispute settlement. The
process of international adjudication is constantly evolving,
sometimes in unexpected ways. Through contributions from
world-renowned experts and emerging voices, this book considers the
future of international courts from a diverse range of
perspectives. It examines some of the regional, institutional and
procedural challenges that international courts face: the rising
influence of powerful states, the turn to populism, the interplay
between courts, the involvement of non-state actors and third
parties in international proceedings, and more. The book offers a
timely discussion of these challenges, with the future of several
international courts hanging in the balance and the legitimacy of
international adjudication being called constantly into question.
It should also serve as a reminder of the importance of
international courts for the functioning of a rules-based
international order. 'The Future of International Courts' is
essential reading for academics, practitioners and students who are
interested in international law, including those who are interested
in the role international courts play in international relations.
Article 6 of the Treaty on European Union (TEU) provides that the
EU will accede to the system of human rights protection of the
European Convention on Human Rights (ECHR). Protocol No 9 in the
Treaty of Lisbon opens the way for accession. This represents a
major change in the relationship between two organisations that
have co-operated closely in the past, though the ECHR has hitherto
exercised only an indirect constitutional control over the EU legal
order through scrutiny of EU Member States. The accession of the EU
to the ECHR is expected to put an end to the informal dialogue, and
allegedly also competition between the two regimes in Europe and to
establish formal (both normative and institutional) hierarchies. In
this new era, some old problems will be solved and new ones will
appear. Questions of autonomy and independence, of attribution and
allocation of responsibility, of co-operation, and legal pluralism
will all arise, with consequences for the protection of human
rights in Europe. This book seeks to understand how relations
between the two organisations are likely to evolve after accession,
and whether this new model will bring more coherence in European
human rights protection. The book analyses from several different,
yet interconnected, points of view and relevant practice the draft
Accession Agreement, shedding light on future developments in the
ECHR and beyond. Contributions in the book span classic public
international law, EU law and the law of the ECHR, and are written
by a mix of legal and non-legal experts from academia and practice.
Article 6 of the Treaty on European Union (TEU) provides that the
EU will accede to the system of human rights protection of the
European Convention on Human Rights (ECHR). Protocol No 9 in the
Treaty of Lisbon opens the way for accession. This represents a
major change in the relationship between two organisations that
have co-operated closely in the past, though the ECHR has hitherto
exercised only an indirect constitutional control over the EU legal
order through scrutiny of EU Member States. The accession of the EU
to the ECHR is expected to put an end to the informal dialogue, and
allegedly also competition between the two regimes in Europe and to
establish formal (both normative and institutional) hierarchies. In
this new era, some old problems will be solved and new ones will
appear. Questions of autonomy and independence, of attribution and
allocation of responsibility, of co-operation, and legal pluralism
will all arise, with consequences for the protection of human
rights in Europe. This book seeks to understand how relations
between the two organisations are likely to evolve after accession,
and whether this new model will bring more coherence in European
human rights protection. The book analyses from several different,
yet interconnected, points of view and relevant practice the draft
Accession Agreement, shedding light on future developments in the
ECHR and beyond. Contributions in the book span classic public
international law, EU law and the law of the ECHR, and are written
by a mix of legal and non-legal experts from academia and practice.
This is a book on the interrelationship of the EU legal order and
the Cyprus issue. The book addresses a question which is of great
significance for the legal order of the EU (as well as for
Cypriots, Turks and Greeks), namely how the Union deals with the de
facto division of the island. Despite the partial normalisation of
relations between the two ethno-religious groups on the island,
Cyprus' accession to the EU has not led to its reunification, nor
to the restoration of human rights, nor a complete end to the
political and economic isolation of the Turkish Cypriot community.
Ironically enough, the accession of the island to the EU actually
added a new dimension to the division of the island. According to
Protocol 10 on Cyprus to the Act of Accession 2003, the Republic of
Cyprus joined the Union with its entire territory. However, due to
the fact that its Government cannot exercise effective control over
the whole island, pending a settlement, the application of the
acquis is 'suspended in those areas of the Republic of Cyprus in
which the Government of the Republic of Cyprus does not have
effective control.' Given this unprecedented (for an EU Member
State) situation of not controlling part of its territory, the book
analyses the limits of the suspension of the Union acquis in the
areas north of the Green Line. In other words, the telos of this
particularly challenging research is to map the partial application
of Union law in an area where there are two competing claims of
authority.
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