Mapping International Adjudicative Bodies, the Issues and Players

Cesare P.R. Romano 

Loyola Law School Los Angeles

Karen J. Alter 

Northwestern University - Department of Political Science; University of Copenhagen, Faculty of Law - iCourts Center of Excellence

Yuval Shany 

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute
December 17, 2013

Romano C./Alter K./Shany Y., “Mapping International Courts and Tribunals, the Issues and Players”, in Romano C./Alter K./Shany Y. (eds.), The Oxford University Press Handbook of International Adjudication, Oxford University Press, 2013, pp. 3-26
Loyola-LA Legal Studies Paper No. 2013-43 
Abstract:      

This is the first chapter of Romano C./Alter K./Shany Y. (eds.), The Oxford University Press Handbook of International Adjudication (2013). The primary goal of this introductory chapter is to document the institutional, legal, and empirical terrain that is the focus of the Handbook. It contains a quick digest for the rest of the volume, elucidating how the individual chapters connect and relate to aspects of international adjudication. The chapter begins by setting out definitional criteria and explaining key concepts, particularly what differentiates adjudicative bodies from diplomatic means and other non-binding procedures; judicial bodies from arbitral bodies; and international adjudicatory mechanisms from their domestic counterparts. The dozens of international adjudicative bodies currently existing are then arranged into two large groups: judicial bodies and arbitral bodies, and then they are divided into several sub-groups, according to similarities in structure or function. After laying down some key concepts and terms (Section I), the chapter puts forward a basic classification (Section II). It then presents the greatest challenges faced by contemporary international adjudication (Section III), the actors who participate in international adjudication and the main stakeholders (Section IV), and, finally, an overview of the main theoretical models applied to the study of international adjudication (Section V).

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Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2369114