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Vol 24 No 5 May/June 2019

Book of the Month

Cover of Remedies for Torts, Breach of Contract, and Equitable Wrongs

Remedies for Torts, Breach of Contract, and Equitable Wrongs

Price: £125.00

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Legitimacy of Unseen Actors in International Adjudication

Edited by: Freya Baetens

ISBN13: 9781108485852
To be Published: August 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement.

This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

Subjects:
Public International Law
Contents:
1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens
Part I. Institutional Perspectives:
2. The International Court of Justice Nathalie Wiles
3. The International Tribunal for the Law of the Sea Philippe Gautier
4. International arbitral institutions Bridie Mcasey
5. The World Trade Organization Daniel Baker and Gabrielle Marceau
6. The International Criminal Court Philipp Ambach
7. The European Court of Human Rights Peter Kempees and Ledi Bianku
8. The Court of Justice of the European Union Caroline Heeren
Part II. Nomination and Appointment:
9. Gatekeeper secretariats Kathleen Claussen
10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng
11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ostřanský
Part III. Case Management and Deference to the Bench:
12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim
13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio
14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart
15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart
16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann
Part IV. Confidentiality and Transparency:
17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave
18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros
19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya
20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin
Part V. Ethics and Accountability:
21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso
22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radović
23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg
24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill
Part VI. External Influences and Activities:
25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson
26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan
27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani
28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk.

Series: Studies on International Courts and Tribunals

Judicial Dialogue and Human Rights
Edited by: Amrei Muller
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A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107442436
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International Courts and Domestic Politics ISBN 9781108427760
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International Courts and Domestic Politics (eBook) ISBN 9781108661973
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The Legitimacy of International Criminal Tribunals ISBN 9781316509401
Published June 2018
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£29.99
The Legitimacy of International Trade Courts and Tribunals ISBN 9781108424479
Published March 2018
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£95.00
The Performance of International Courts and Tribunals (eBook) ISBN 9781108604888
Published March 2018
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The Performance of International Courts and Tribunals ISBN 9781108425698
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Legitimacy and International Courts ISBN 9781108423854
Published February 2018
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Legitimacy and International Courts (eBook) ISBN 9781108540223
Published February 2018
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Judicial Dialogue and Human Rights (eBook)
Edited by: Amrei Muller
ISBN 9781316800355
Published March 2017
Cambridge University Press
£26.00 + £5.20 VAT
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Judicial Dialogue and Human Rights
Edited by: Amrei Muller
ISBN 9781107173583
Published March 2017
Cambridge University Press
£99.99
The Legitimacy of International Criminal Tribunals (eBook) ISBN 9781316942192
Published January 2017
Cambridge University Press
£24.00 + £4.80 VAT
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The Legitimacy of International Criminal Tribunals ISBN 9781107146174
Published January 2017
Cambridge University Press
£110.00
A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107082090
Published October 2015
Cambridge University Press
£99.99