Domestic Law Goes Global

Legal Traditions and International Courts

Nonfiction, Social & Cultural Studies, Political Science, International, International Relations, Reference & Language, Law
Cover of the book Domestic Law Goes Global by Sara McLaughlin Mitchell, Emilia Justyna Powell, Cambridge University Press
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Author: Sara McLaughlin Mitchell, Emilia Justyna Powell ISBN: 9781139063784
Publisher: Cambridge University Press Publication: April 14, 2011
Imprint: Cambridge University Press Language: English
Author: Sara McLaughlin Mitchell, Emilia Justyna Powell
ISBN: 9781139063784
Publisher: Cambridge University Press
Publication: April 14, 2011
Imprint: Cambridge University Press
Language: English

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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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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