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Power-Sharing in Conflict-Ridden Societies
Based on a unique comparative study of Burundi, Rwanda, Ethiopia, Lebanon, Bosnia-Herzegovina, Nepal, Myanmar, the Philippines, and Fiji this book analyses the formal and informal arrangements defining the post-conflict political order in these countries and evaluates whether these systems strengthened or weakened the chances of establishing sustainable peace and lasting democracy. What can be learned from these cases? Each country has it unique history but they are faced with comparable challenges and dilemmas in building a democratic future. Which solutions seem to contribute to democratic stability and which do not? These questions are discussed in light of theoretical literature, case studies, and field interviews with the authors concluding that systems based on proportional representation offered the best prospects for including diverse and conflicting identities and building unified political systems. The book is of particular interest to students of democracy and peace-building; academics as well as decision-makers and practitioners in the field.
The Oxford Handbook of Comparative Judicial Behaviour
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advoc...
Counterclaims in Investment Arbitration
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
The Changing Practices of International Law
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
Transformative Transitional Justice and the Malleability of Post-Conflict States
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Sharing Power, Securing Peace?
Does power sharing bring peace? Policymakers around the world seem to think so. Yet, while there are many successful examples of power sharing in multi-ethnic states, such as Switzerland, South Africa and Indonesia, other instances show that such arrangements offer no guarantee against violent conflict, including Rwanda, Yugoslavia, Zimbabwe and South Sudan. Given this mixed record, it is not surprising that scholars disagree as to whether power sharing actually reduces conflict. Based on systematic data and innovative methods, this book comes to a mostly positive conclusion by focusing on practices rather than merely formal institutions, studying power sharing's preventive effect, analyzing how power sharing is invoked in anticipation of conflict, and by showing that territorial power sharing can be effective if combined with inclusion at the center. The authors' findings demonstrate that power sharing is usually the best option to reduce and prevent civil conflict in divided states.
Can the European Court of Human Rights Shape European Public Order?
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
The Procedural and Organisational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Language and Legal Interpretation in International Law
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Between Forbearance and Audacity
When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.
