The Sword and the Scales: The United States and International Courts and Tribunals

Cambridge University Press
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The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.
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About the author

Cesare P. R. Romano is Associate Professor of Law at Loyola Law School Los Angeles. He holds degrees in three different disciplines (political science, international relations and law) from three countries (Italy, Switzerland and the United States), and is a polyglot. His scholarship and teaching reflect the variety of his background. His expertise is in public international law, and in particular dispute settlement, international environmental law, international human rights and international criminal and humanitarian law, but he has also substantial background in diplomatic history and economics (macro). However, it is probably the field international courts and tribunals where he has made to date the greatest contribution, publishing numerous articles and four books. In 1997, he co-funded the Project on International Courts and Tribunals (www.pict-pcti.org), a joint undertaking of the Center on International Cooperation, New York University, and the Centre for International Courts and Tribunals at University College London, becoming a world-renowned authority in the field of law and practice of international courts and tribunals. He has directed PICT's American side since. Before joining Loyola Law School, Professor Romano taught or lectured in a number of institutions in the U.S. and Europe.

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Additional Information

Publisher
Cambridge University Press
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Published on
Aug 31, 2009
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Pages
493
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ISBN
9781139482165
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Language
English
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Genres
Law / Criminal Law / General
Law / General
Law / International
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Content Protection
This content is DRM protected.
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NEW YORK TIMES BESTSELLER • NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY SAN FRANCISCO CHRONICLE, USA TODAY, AND CHICAGO TRIBUNE • A masterly work of literary journalism about a senseless murder, a relentless detective, and the great plague of homicide in America

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From the Hardcover edition.
*SOON TO BE A MAJOR MOTION PICTURE STARRING REESE WITHERSPOON AND COLIN FIRTH *

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From the Hardcover edition.
The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
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