A Century Of International Adjudication: The Rule Of Law And Its Limits Hardcover

Jean Allain

This study analyzes the first century of the evolution of international adjudication as a permanent fixture of international society. Through a case study approach, examining specific international courts, Jean Allain seeks to demonstrate the various limitations to effective adjudication on the international plain. By examining the 'Hague System' of adjudication, as manifest in the Permanent Court of Arbitration and the World Court, the structural limitation of a system predicated on volunteer acceptance of adjudication is drawn out. Finally, the European Court of Justice is examined to demonstrate that the rule of law can be effectively implemented internationally if States so desire, and that it is simply the intransigence of States, over the last century, which has limited the rule of law on the international plain.

9789067041256

English

T.M.C. Asser Press

264

Jean Allain is Assistant Professor of Public International Law, Department of Political Science, The American University in Cairo, Egypt.

… a good account and overview of the current weak state of international adjudication and arbitration. It shows the shortcomings of the rule of law in international law by comparing the interesting experiences of different courts and tribunals. It is also a useful source of facts and figures …' Netherlands International Law Review