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Material Type: | Document |
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Document Type: | Book, Computer File |
All Authors / Contributors: |
Freya Baetens |
ISBN: | 9781108660976 1108660975 9781108641685 1108641687 |
OCLC Number: | 1127464894 |
Notes: | 5.2.3 The First 'Legal Officer' Positions. |
Description: | 1 online resource (1 recurso electrónico.). |
Contents: | Cover; Reviews; Half title; Series information; Title page; Copyright information; Table of Contents; List of Figures; List of Tables; List of Contributors; Foreword; 1 Unseen Actors in International Courts and Tribunals: Challenging the Legitimacy of International Adjudication; 1.1 The Importance of Unseen Actors for the Legitimacy of International Courts and Tribunals; 1.1.1 The Meaning of Legitimacy in the Context of International Adjudication; 1.1.2 A Multidimensional Conceptualization of Legitimacy as Applied to Unseen Actors; 1.1.3 Epistemological and Methodological Challenges. 1.2 Structure and Underlying Legitimacy Questions1.2.1 Institutional Perspectives; 1.2.2 Nomination and Appointment; 1.2.3 Case Management and Deference to the Bench; 1.2.4 Confidentiality and Transparency; 1.2.5 Ethics and Accountability; 1.2.6 External Influences and Activities; 1.3 Contribution to the Existing Scholarship and Building Blocks for Future Research; Part I Institutional Perspectives; 2 The International Court of Justice; 2.1 Introduction; 2.2 Organization of the Registry; 2.3 In What Way Is the Registry Unique? 2.4 The Role of the Different Departments and Divisions of the Registry2.4.1 The Department of Legal Matters; 2.4.2 The Department of Linguistic Matters; 2.4.3 The Information Department; 2.4.4 The Technical Divisions; 2.5 Conclusion; 3 The International Tribunal for the Law of the Sea; 3.1 Introduction; 3.2 Who Are the Unseen Actors at ITLOS?; 3.3 What Are the Functions of Unseen Actors at ITLOS?; 3.4 How Is the Neutrality of Unseen Actors at ITLOS Ensured and Their Legitimacy Preserved?; 3.5 Conclusion; 4 International Arbitral Institutions; 4.1 Introduction. 4.2 The Permanent Court of Arbitration (PCA)4.2.1 The Work of the PCA; 4.2.2 Who Are the Unseen Actors?; 4.2.3 What Is the Role of the Unseen Actors and How Is the PCA regulated?; 4.2.3.1 Initiation of a claim; 4.2.3.2 Constitution of the Tribunal; 4.2.3.3 Determination Phase; 4.3 The International Centre for the Settlement of Investment Disputes (ICSID); 4.3.1 The Work of the ICSID; 4.3.2 Who Are the Unseen Actors?; 4.3.3 What Is the Role of the Unseen Actors and How Is the ICSID Regulated?; 4.3.3.1 Initiation of a Claim; 4.3.3.2 Constitution of the Tribunal; 4.3.3.3 Determination Phase. 4.4 Commercial Arbitration Institutions4.4.1 Work of the Commercial Arbitration Institutions; 4.4.2 Who are the Unseen Actors?; 4.4.3 What Is the Role of the Unseen Actors and How Are the Institutions Regulated?; 4.4.3.1 Initiation of a Claim; 4.4.3.2 Constitution of the Tribunal; 4.4.3.3 Determination Phase; 4.5 Conclusions; 5 The World Trade Organization; 5.1 Introduction; 5.2 Lawyers in the GATT: Out of the Darkness and into the Light; 5.2.1 The Beginning of the GATT and the First Lawyers; 5.2.2 Wyndham White and the First Panels for Resolving Disputes. |
Series Title: | Studies on International Courts and Tribunals. |
Responsibility: | edited by Freya Baetens. |
Abstract:
Reviews
Publisher Synopsis
'Professor Baetens has brought a fascinating new perspective to the study of international law, looking at the role of unseen actors in various areas. While unseen, these actors are certainly not unimportant for the effective functioning of their respective institutions, and the discharge of their duties benefits parties, States and the rule of law. This volume demonstrates how the many unseen actors contribute to making international adjudication efficient and effective, and is a fresh approach to the study of international adjudication.' Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes 'Freya Baetens has put together a stellar collection of contributions highlighting the role of multiple actors involved in the work of international courts and tribunals. Some are visible, others are less visible. Some are directly involved in the litigation process, others are involved in a more indirect manner. This lifting of the stage curtains also places a welcome spotlight on issues concerning legitimacy, neutrality or transparency.' Laurence Boisson de Chazournes, University of Geneva, and Director of the LL.M. in International Dispute Settlement (MIDS) 'This book not only has the merit of exploring areas of international adjudication to which little attention has been paid to date, it also brings together an impressive array of experiences, information and insights from leading practitioners and researchers on essential aspects of the functioning of international courts and tribunals. By shining a light on the 'unseen actors' in international adjudication, this work is a welcome and ground-breaking contribution to reflection on the role and responsibilities of these auxiliaires de justice in the sound administration of international justice.' Philippe Couvreur, Registrar, International Court Of Justice 'Finally, the missing piece of the puzzle! There have been numerous books on international judges, prosecutors and the so-called international bar, but rarely has scholarship focused on the unexplored world of the people who keep the lights of international adjudication on. This is a must-read for anyone who wants to understand how international adjudication actually works, in reality.' Cesare Romano, Loyola University Chicago, Los Angeles 'There are few works of international legal scholarship which shine the spotlight on the important 'hinterland' of international legal adjudication - namely, the work of registries, secretariats, appointing authorities and others, which both enables and shapes international adjudication in typically unseen ways. In this volume, an impressive range of experienced and expert authors is marshalled to do just that, and to provide their perspectives on the nature, significance and, indeed, legitimacy of the work of such professionals. This will be of great interest and value to those working on international tribunals across a range of disciplines.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh 'My advice to every practitioner of international law, to every advocate before an international tribunal, and to every State or private party to an international dispute is: read this book! Legitimacy of Unseen Actors in International Adjudication is a fascinating and well-researched study of how courts and tribunals actually function, the importance of court personnel and other behind-the-scenes actors, and the impacts they can have on outcomes. No international advocate, no matter how experienced, should step into court again without having read it.' Paul Reichler, Partner, Foley Hoag LLP Read more...

