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Domestic Law Goes Global: Legal Traditions and International Courts by Sara McLaughlin Mitchell, Emilia Justyna Powell

Domestic Law Goes Global: Legal Traditions and International Courts

by Sara McLaughlin Mitchell , Emilia Justyna Powell
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Book cover type: Hardcover
  • ISBN13: 9781107004160
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 278
  • Original Price: GBP 64.0
  • Language: English
  • Edition: N/A
  • Item Weight: 522 grams
  • BISAC Subject(s): International

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.

Mitchell, Sara McLaughlin: - Sara McLaughlin Mitchell is Professor of Political Science and Department Chair at the University of Iowa.

Powell, Emilia Justyna: - Emilia Justyna Powell is Assistant Professor in the Department of Political Science at the University of Alabama.

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