QUESTIONS OF JURISDICTION AND ADMISSIBILITY BEFORE INTERNATIONAL COURTS by Yuval Shany ( 9781107038790 )

Item Details

Title:

QUESTIONS OF JURISDICTION AND ADMISSIBILITY BEFORE INTERNATIONAL COURTS

By:

Format:

Hardback

List price:	£100.00
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ISBN 10:

1107038790

ISBN 13:

9781107038790

Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

3 December, 2015

Series:

Hersch Lauterpacht Memorial Lectures 22

Pages:

186

Description:

Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.

Synopsis:

This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

Publication:

Imprint:

Cambridge University Press

Returns:

Returnable

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