000			04267cam a2200385 i 4500
999			_c1022 _d1022
001			18748268
003			BT-ThJSW
005			20210705011647.0
008			150818s2016 enk b 001 0 eng
010			_a 2015032291
020			_a9781107038790 (hardback)
040			_aDLC _beng _cDLC _erda _dDLC
042			_apcc
050	0	0	_aKZ6265 _b.S524 2016
082	0	0	_a341.5/5 _223 _bSh199q
100	1		_aShany, Yuval, _eauthor. _93707
245	1	0	_aQuestions of jurisdiction and admissibility before international courts / _cYuval Shany.
264		1	_aCambridge, United Kingdom : _bCambridge University Press, _c2016.
300			_aix, 174 pages ; _c24 cm.
336			_atext _2rdacontent
337			_aunmediated _2rdamedia
338			_avolume _2rdacarrier
490	0		_aHersch lauterpacht memorial lectures
504			_aIncludes bibliographical references and indexes.
505	8		_aMachine generated contents note: Introduction; Part I. The Concept of Jurisdiction and Admissibility in International Adjudication: 1. Jurisdiction as a policy tool; 2. Jurisdiction as delegated authority; 3. Jurisdiction as a power constraint on international courts; 4. The role of admissibility in the exercise of judicial power; 5. The conflicting interests of international judges reviewing jurisdiction and admissibility; Part II. The Law Governing Jurisdictional Decisions of International Courts: 6. Jurisdiction in abstracto and in concreto; 7. Distinguishing jurisdiction from substantive law; 8. International court decisions on jurisdiction as a form of category-based case selection; 9. Individual case-by-case selection; Part III. Questions of Admissibility before International Courts: 10. The taxonomical challenge; 11. Admissibility as a policy tool; Conclusion.
520			_a"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"-- _cProvided by publisher.
520			_a"This book studies the role that legal rules on jurisdiction and admissibility play in the life and operation of international courts. I will argue that jurisdictional rules define the legal powers of courts and that admissibility rules define their ability to refrain from exercising legal power. Accordingly, the underlying subject of this book is the legal power that international courts can exercise in the international realm. Of course, legal powers are not the only type of power that courts may exercise: courts also exert political influence and moral authority, and contribute to shaping the legal culture of the various constituencies with which they interact. Nevertheless, legal powers are central to the operation of international courts. Not only do legal powers constitute the most dominant or quintessential set of powers exercised by international courts; legal powers also delineate and confer legitimacy upon the other powers wielded by international courts, thereby facilitating and controlling all aspects of their operation"-- _cProvided by publisher.
650		0	_aInternational courts. _93463
650		0	_aJurisdiction (International law) _93708
650		0	_aAdmissable evidence. _93709
856	4	2	_3Cover image _uhttp://assets.cambridge.org/97811070/38790/cover/9781107038790.jpg
906			_a7 _bcbc _corignew _d1 _eecip _f20 _gy-gencatlg
942			_2ddc _cBK _00