Domestic Law Goes Global

Domestic Law Goes Global
Author :
Publisher : Cambridge University Press
Total Pages : 279
Release :
ISBN-10 : 9781139501194
ISBN-13 : 1139501194
Rating : 4/5 (194 Downloads)

Book Synopsis Domestic Law Goes Global by : Sara McLaughlin Mitchell

Download or read book Domestic Law Goes Global written by Sara McLaughlin Mitchell and published by Cambridge University Press. This book was released on 2011-04-14 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.


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