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Public Reason and Courts
A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Constitutional Essentials
In Constitutional Essentials: On the Constitutional Theory of Political Liberalism, Michelman explains why constitutional debates persist in modern day democracies. Through the lens of John Rawls' seminal work Political Liberalism, Michelman responds to the problems governments of constitutional-democratic societies face from deep-lying disagreement among citizens by presenting them with Rawls' solution: an accepted constitution.
International Commercial Courts
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
The Inter American Court of Human Rights
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also pro...
Researching the European Court of Justice
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
Constitutional Public Reason
This book shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.
Prosecuting Environmental Harm before the International Criminal Court
A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
International Procedure in Interstate Litigation and Arbitration
This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.
The Humanisation of Global Politics
This book observes a growing humanisation of global politics relating to the appearance of individual human beings in discourses of global politics. It identifies a mismatch concerning International Relations theory and International Law and the study of the humanisation of global politics. To overcome this mismatch, Sassan Gholiagha proposes a novel theoretical framework based on feminist and constructivist International Relations theory and non-statist theories of International Law scholarship. The book applies this interdisciplinary framework together with an interpretative analytical framework to three cases: the discourse on prosecution, studying international criminal law and the work of the International Criminal Court; the discourse on protection, focusing on the Responsibility to Protect; and the use of drones in targeted killing operations. Drawing on these case studies and the frameworks, the book identifies how individual human beings as participants in global politics position themselves and are positioned by others in these various discourses.
