Questions of Jurisdiction and Admissibility before International Courts

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Questions of Jurisdiction and Admissibility before International Courts by Yuval Shany, Cambridge University Press
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Author: Yuval Shany ISBN: 9781316488928
Publisher: Cambridge University Press Publication: December 3, 2015
Imprint: Cambridge University Press Language: English
Author: Yuval Shany
ISBN: 9781316488928
Publisher: Cambridge University Press
Publication: December 3, 2015
Imprint: Cambridge University Press
Language: English

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.

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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.

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