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The Resource Legitimacy of unseen actors in international adjudication, edited by Freya Baetens

Legitimacy of unseen actors in international adjudication, edited by Freya Baetens

Label
Legitimacy of unseen actors in international adjudication
Title
Legitimacy of unseen actors in international adjudication
Statement of responsibility
edited by Freya Baetens
Contributor
Editor
Subject
Language
eng
Summary
"'Unseen actors' are vital to the functioning of international courts and tribunals, exercising varying levels of influence on the adjudicatory process and its outcome. The last few decades have witnessed an expansion in the number of international judicial bodies. Although these bodies differ in their institutional make-up and functions, a characteristic shared among them is their reliance on the contribution of individuals or entities other than the judicial decision-makers themselves. Unseen actors may take the form of registries, secretariats, law clerks and legal officers, but they also include non-lawyers such as translators, members of the medical profession and scientific experts. Some of these actors may be 'more unseen' than others but most remain nameless in the written decisions, and the extent of their contribution is generally unclear. The opaqueness of their role, combined with the significance of the judicial decision for the parties involved as well as for a wider range of stakeholders, raises questions about the impact of these unseen actors on the legitimacy of international adjudication as such. For example, an unseen actor's influence has formed a ground upon which an arbitral award was challenged, as substantial parts had allegedly been written by a legal assistant rather than the arbitrators themselves. The domestic court adjudicating the dispute in first instance set aside the award on a different ground, so it did not address this point; the case is currently pending on appeal. This book aims to answer such legitimacy questions and identify 'best practices', where feasible, through a multifaceted enquiry into possible common connections and patterns in the institutional makeup and daily practice of international courts and tribunals"--
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Baetens, Freya
Series statement
Studies on international courts and tribunals
http://library.link/vocab/subjectName
  • Arbitration (International law)
  • Jurisdiction (International law)
  • International courts
  • Arbitration (International law)
  • International courts
  • Jurisdiction (International law)
Label
Legitimacy of unseen actors in international adjudication, edited by Freya Baetens
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication / Freya Baetens; Part I -- Institutional Perspectives: 2. The International Court of Justice / Nathalie Wiles; 3. The International Tribunal for the Law of the Sea / Philippe Gautier; 4. International arbitral institutions / Bridie Mcasey; 5. The World Trade Organization / Daniel Ari Baker and Gabrielle Marceau; 6. The International Criminal Court / Philipp Ambach; 7. The European Court of Human Rights / Ledi Bianku and Peter Kempees; 8. The Court of Justice of the European Union / Caroline Heeren; Part II -- Nomination and Appointment: 9. Gatekeeper secretariats / Kathleen Claussen; 10. Appointing authorities: self-appointment, party appointment and non-appointment / Peter Tzeng; 11. Before the law: assessing the process and impact of judicial screening bodies / Brian Mcgarry and Josef Ostransky; Part III -- Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration / Christine Sim; 13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? / Giacomo Marchisio; 14. Will an investment court be a better fact-finder? The case of expert evidence / Matthew W. Swinehart; 15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy / Leigh Swigart; 16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication / Marie-Catherine Petersmann; Part IV -- Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? / Tommaso Soave; 18. Unseen actors as unseen experts: ghosts in international adjudication / Guillaume Gros; 19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration / Ksenia Polonskaya; 20. Identifying the voices of unseen actors in investor-state dispute settlement / Damien Charlotin; Part V -- Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court / Giovanna Maria Frisso; 22. Screening powers in investment arbitration: questions of legal change and legitimacy / Relja Radovic; 23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals / Marko Divac Oeberg; 24. The referendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals / Gillian Cahill; Part VI -- External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication / Catherine H. Gibson; 26. The legitimacy of private lawyers representing states before international tribunals / Andreas R. Ziegler and Kabre R. Jonathan; 27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement / Pietro Ortolani; 28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? / Hannes Lenk; Epilogue: an unseen actor speaks
Dimensions
24 cm
Extent
xxiii, 626 pages
Isbn
9781108725286
Lccn
2019019447
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1099540248
Label
Legitimacy of unseen actors in international adjudication, edited by Freya Baetens
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication / Freya Baetens; Part I -- Institutional Perspectives: 2. The International Court of Justice / Nathalie Wiles; 3. The International Tribunal for the Law of the Sea / Philippe Gautier; 4. International arbitral institutions / Bridie Mcasey; 5. The World Trade Organization / Daniel Ari Baker and Gabrielle Marceau; 6. The International Criminal Court / Philipp Ambach; 7. The European Court of Human Rights / Ledi Bianku and Peter Kempees; 8. The Court of Justice of the European Union / Caroline Heeren; Part II -- Nomination and Appointment: 9. Gatekeeper secretariats / Kathleen Claussen; 10. Appointing authorities: self-appointment, party appointment and non-appointment / Peter Tzeng; 11. Before the law: assessing the process and impact of judicial screening bodies / Brian Mcgarry and Josef Ostransky; Part III -- Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration / Christine Sim; 13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? / Giacomo Marchisio; 14. Will an investment court be a better fact-finder? The case of expert evidence / Matthew W. Swinehart; 15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy / Leigh Swigart; 16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication / Marie-Catherine Petersmann; Part IV -- Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? / Tommaso Soave; 18. Unseen actors as unseen experts: ghosts in international adjudication / Guillaume Gros; 19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration / Ksenia Polonskaya; 20. Identifying the voices of unseen actors in investor-state dispute settlement / Damien Charlotin; Part V -- Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court / Giovanna Maria Frisso; 22. Screening powers in investment arbitration: questions of legal change and legitimacy / Relja Radovic; 23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals / Marko Divac Oeberg; 24. The referendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals / Gillian Cahill; Part VI -- External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication / Catherine H. Gibson; 26. The legitimacy of private lawyers representing states before international tribunals / Andreas R. Ziegler and Kabre R. Jonathan; 27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement / Pietro Ortolani; 28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? / Hannes Lenk; Epilogue: an unseen actor speaks
Dimensions
24 cm
Extent
xxiii, 626 pages
Isbn
9781108725286
Lccn
2019019447
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1099540248

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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