Overview

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law, genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Full Product Details

Author:   Philippa Webb (Lecturer in Law, King's College London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 2.40cm , Length: 24.00cm
Weight:   0.592kg
ISBN:  

9780199671151

ISBN 10:   019967115
Pages:   288
Publication Date:   09 May 2013
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction 2: Genocide 3: Immunities 4: Use of Force 5: Explaining Judicial Integration and Fragmentation 6: Conclusion

Reviews

In this, her first monograph, Philippa Webb contributes an important new voice, together with her formidable skills of legal analysis, to one of the most important questions that can be asked of any legal system: just exactly how does it all fit together and where should we go from here? Campbell McLachlan

In this, her first monograph, Philippa Webb contributes an important new voice, together with her formidable skills of legal analysis, to one of the most important questions that can be asked of any legal system: just exactly how does it all fit together and where should we go from here? * Campbell McLachlan *

Author Information

Philippa Webb is Lecturer in Public International Law at the Dickson Poon School of Law, King's College London. From 2006 to 2009, she was the Legal Officer and Special Assistant to Dame Rosalyn Higgins, President of the International Court of Justice. Prior to that, she had served as Associate Legal Adviser to the Prosecutor of the International Criminal Court (2005-2006), Law Clerk to Judges Higgins and Owada of the ICJ (2004-2005), and Associate Officer at the United Nations in New York (2001-2003). She completed her doctorate at Yale Law School under the supervision of Professor Lea Brilmayer. Dr Webb's research interests are in public international law, including international dispute settlement, international criminal law, international humanitarian law, international human rights law, and the law of international organisations.

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