Experiments in international adjudication : historical accounts /

Saved in:

Bibliographic Details
Imprint:	Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2019.
Description:	1 online resource (x, 327 pages)
Language:	English
Subject:	Arbitration (International law) -- History. International courts -- History. Jurisdiction (International law) -- History. Arbitration (International law) International courts. Jurisdiction (International law) Electronic books. History.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12576558

Hidden Bibliographic Details
Other authors / contributors:	Rasilla, Ignacio de la, editor Viñuales, Jorge E., editor
ISBN:	9781108638777 1108638775 9781108565967 1108565964 9781108474948 1108474942 9781108468176 1108468179
Notes:	Includes bibliographical references and index. Electronic resource.
Summary:	The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
Other form:	Print version: Experiments in international adjudication : historical accounts. Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2019 9781108474948

Table of Contents:

Cover; Half-title; Title page; Copyright information; Contents; Contributors; Acknowledgements; Introduction; Part I International Adjudication: An Ever-Present History; 1 Experiments in International Adjudication: Past and Present; 1 Introduction; 2 Face-Saving Uses; 3 Making Up for Political Weakness; 4 Legitimising Political Strength; 5 The Quest for Equality; 6 Genuine Dispute Settlement; 7 Concluding Observations; Select Bibliography; 2 The Turn to the History of International Adjudication; 1 Introduction; 2 The Turn to the History of International Law
3 Historical Institutionalism and the History of International Adjudication4 A Changing Historiographical Landscape in the History of International Adjudication; 5 The Turn to the History of International Adjudication
Why It Matters; Select Bibliography; Part II Experiments in Dispute-Specific Adjudication; 3 Imperial Consolidation through Arbitration: Territorial and Boundary Disputes in Africa (1870-1914); 1 Introduction; 2 Arbitration as Part of Imperial Legal Infrastructure; 3 Arbitration of Territorial Disputes: Further Muddying Murky Waters
A The Imperial Roots of Territorial DisputesB Consolidating the Doctrine of Title to Territory Concerning Territorial Disputes through Arbitration; 4 Boundary Disputes: Finding Order in Chaos; 5 Conclusion; Select Bibliography; 4 How to Prevent a War and Alienate Lawyers: The Peculiar Case of the 1905 North Sea Incident Commission; 1 Introduction; 2 The Dogger Bank Incident; 3 The North Sea Incident Commission; 4 Why Did the Commission Not Leave a Legacy in International Criminal Law?; 5 Conclusion; Select Bibliography
5 The Arbitral Tribunal for Upper Silesia: An Early Success in International Adjudication1 Introduction; 2 Factual Background and Historical Context of the Tribunal; 3 The Process of Negotiation and Adoption of the Geneva Convention Provisions on the Tribunal; 4 The Procedural, Personal and Material Jurisdiction of the Tribunal; 5 Overview of the Case Law; 6 Normative Influence of the Tribunal's Case Law; 7 A Prospective and Retrospective View: The Tribunal in the Context of the Development of International Courts and Tribunals; 8 Conclusion; Select Bibliography
Part III Context-Specific Redress Mechanisms6 Mixed Claim Commissions and the Once Centrality of the Protection of Aliens; 1 Introduction; 2 Origins; A Imperialism; B Skepticism about Host State Courts; C The Need for Institutionalization; 3 Specificities; A Bilateralism; B Diplomatic Protection and the Place of the Individual; C Focus on Transborder Mobility; 4 Contributions; A Equal Treatment or Minimum Standard?; B The Relationship of Domestic to International Courts; C Human Rights and Investment Law; 5 Conclusion; Select Bibliography

Experiments in international adjudication : historical accounts /

Similar Items