Full Description
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels.With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
Contributors include: S. Brammertz, A.A.Cançado Trindade, K. Chan, A.-L. Chané, B. Concolino, P. Couvreur, G. De Baere, A. Follesdal, D. Fransen, P. Gautier, P. Lemmens, K. Lenaerts, P. Van den Bossche, H. Van Houtte, J. Wouters
Contents
Contents:
PART I THEORETICAL FRAMEWORK
1. Prologue: An Overview of the Contribution of International Tribunals to the Rule of Law
Antônio Augusto Cançado Trindade
2. The Contribution of International and Supranational Courts to the Rule of Law: A Framework for Analysis
Geert De Baere, Anna-Luise Chané and Jan Wouters
PART II GLOBAL COURTS AND TRIBUNALS
3. The International Court of Justice
Philippe Couvreur
4. Constructing the International Criminal Court's Rule of Law Identity
Kenneth Chan and Jan Wouters
5. The Appellate Body of the World Trade Organization
Peter Van den Bossche
6. The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law
Philippe Gautier
PART III REGIONAL COURTS
7. The Contribution of the European Court of Human Rights to the Rule of Law
Paul Lemmens
8. The Court of Justice as the Guarantor of the Rule of Law Within the European Union
Koen Lenaerts
PART IV TRIBUNALS PERTAINING TO PARTICULAR SITUATIONS
9. International Criminal Justice and the Rule of Law: The Experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY)
Serge Brammertz
10. The Iran-United States Claims Tribunal and its Contribution to International Law
Hans Van Houtte and Barbara Concolino
11. The Special Tribunal for Lebanon and the Rule of Law
Daniel Fransen
PART V EPILOGUE
12. Epilogue: Curb, Channel and Coordinate: The Constitutionalism of International Courts and Tribunals
Andreas Follesdal
Index
