A century of international adjudication: the rule of law and its limits

Through a case study approach, this thesis demonstrates the various limitations to effective adjudication on the international plain. By examining the " Hague System " of adjudication the structural limitation of a system predicated on volunteer acceptance of adjudication is drawn out. The 1908 Central American Court of Justice is then considered to demonstrate that political machinations can destroy an international court. Focus then shifts to a comparative study on the Inter-American and European courts of human rights to demonstrate how limits in financing and staffing reduced the Inter-American Court to a shadow of its European counterpart. The role which judges can play in limiting the rule of law is considered as cases before the Yugoslav Tribunal are considered to demonstrate the extent to which these judges have sought to establish an " effective " international criminal law system at the expense of the rights of the accused. Finally, the European Court of Justice is highlighted to demonstrate that the rule of law can be effectively implemented internationally if States so desire


Publication infos:
Genève, Institut universitaire de hautes études internationales, 2000
Publication year:
2000
Number of pages:
VII, 339 p.
PhD Director(s):
Directeur de thèse: Professeur Lucius Caflisch
Call number:
HEITH 606



 Record created 2011-06-03, last modified 2019-09-30


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