Domestic law goes global : legal traditions and international courts / Sara McLaughlin Mitchell, Emilia Justyna Powell.

Format:

Book

Author/Creator:

Mitchell, Sara McLaughlin, author.

Powell, Emilia Justyna, author.

Language:

English

Subjects (All):

International courts.

International law--Sources.

International law.

International and municipal law.

Physical Description:

1 online resource (xiv, 263 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2011.

Language Note:

English

Summary:

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.

Contents:

The creation and expansion of international courts

Major legal traditions of the world

A rational legal design theory of international adjudication

Domestic legal traditions and the creation of the International Criminal Court

Domestic legal traditions and state support for the World Court

The rational design of state commitments to international courts

The consequences of support for international courts

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-22093-9

1-139-06378-2

1-139-08300-7

1-139-08073-3

1-283-11305-8

1-139-07617-5

0-511-78303-5

9786613113054

1-139-07044-4

1-139-07846-1

OCLC:

727649224