Midlands State University Library
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Mirages of international justice : the elusive pursuit of a transnational legal order / created by Matthew T Parish

By: Material type: TextTextPublisher: Edward Elgar, 2011Copyright date: ©2011Description: xiii, 268 pages : illustrations ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780857931160
Subject(s): LOC classification:
  • KZ6250 PAR
Contents:
Ch. 1. Mirages ch. 2. International law : the legacy of the twentieth century ch. 3. Irrelevant courts for important disputes ch. 4. International criminal law : victors' justice or an interminable machine? ch. 5. Protecting foreign capital flows : who released the genie? ch. 6. Self-spite in the regulation of international trade ch. 7. The arid promises of international human rights ch. 8. The allure of judicial trusteeship in the European Union experience ch. 9. The future of an illusion
Summary: Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study
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Includes bibliographical references and index

Ch. 1. Mirages
ch. 2. International law : the legacy of the twentieth century
ch. 3. Irrelevant courts for important disputes
ch. 4. International criminal law : victors' justice or an interminable machine?
ch. 5. Protecting foreign capital flows : who released the genie?
ch. 6. Self-spite in the regulation of international trade
ch. 7. The arid promises of international human rights
ch. 8. The allure of judicial trusteeship in the European Union experience
ch. 9. The future of an illusion

Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study

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