Description
Book SynopsisRecent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification 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. This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approaches to such
Trade Review[Brown's] analysis is an excellent and an important contribution to the understanding of the complex issues associated with the proliferation of international courts and tribunals, competing jurisdictions, and fragmentation of international law. * European Journal of International Law (20) *
[T]his volume.,.stands out for its breadth and for its insight into international adjudication...[It] surely deserves the recognition that it has received for its technical merit. * American Journal of International Law *
[A]n insightful and thoughtful work that is clearly and concisely written. The author has undertaken a mammoth research task and condensed it into an approachable and lucid study. * Australian Yearbook of International Law vol 27 *
Table of ContentsTable of Cases ; Table of International Instruments ; List of Abbreviations ; Introduction ; 1. The Emergence of a Common Law of International Adjudication against a Background of Proliferation and Fragmentation ; 2. Methods used by International Courts and Tribunals to Engage in Cross-Fertilization ; 3. Aspects of Evidence in International Adjudication ; 4. Power of International Courts to Grant Provisional Measures ; 5. Power of International Courts to Interpret and Revise Judgments and Awards ; 6. Remedies in International Adjudication ; 7. A Common Law of International Adjudication: Reasons and Limitations ; Conclusion ; Bibliography ; Index