We use cookies to enhance your experience on our website. By continuing to use our website, you are agreeing to our use of cookies. You can change your cookie settings at any time. Find out more

ISBN: 9780199206506

Published:

Availability: Contact Customer Service

Hardback

AU$125.95

NZ$172.99

A Common Law of International Adjudication

Chester Brown


The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant 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 substantial commonality. It goes on to look at why international courts are increasingly adopting common approaches to such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.

The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do not generally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of the international legal system.

The first work to consider the effect of proliferation on the applicable procedural law and available remedies before a range of international courts and tribunals

Discrete chapters on individual issues such as rules of evidence, power to grant provisional measures, power to interpret and revise judgments and awards, and availability of remedies, making the book a useful practitioner reference work

Examines the proliferation of at least 12 new international courts and tribunals over the last 15 years, and their importance concerning the administration of international justice

Covers both expressly conferred and inherent powers of international courts, and searches for the common rules of their exercise and limitations

Abstract
Preface
Acknowledgments
Table of Contents
Table of Abbreviations
Introduction
1: A Common Law of International Adjudication: Background and Scope
2: The Powers of International Courts Relating to Procedure and Remedies
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 Implications
Conclusion
Bibliography
Table of Cases
Table of International Instruments

Chester Brown , Assistant Legal Adviser to the Foreign and Commonwealth Office

Chester Brown is a former Senior Associate in the International Law and International Arbitration Group, at Clifford Chance LLP and is currently Assistant Legal Adviser to the Foreign and Commonwealth Office

`[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) |d 2009