Hybridity in International Adjudication: How International are International Commercial Courts?
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Hybridity in International Adjudication : How International are International Commercial Courts? / Caserta, Salvatore; Madsen, Mikael Rask.
International Commercial Courts : The Future of Transnational Adjudication – An Introduction. red. / Georgios Dimitropoulos; Stavros Brekoulakis. Cambridge University Press, 2022. s. 447 - 467 (Studies on International Courts and Tribunals).Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - Hybridity in International Adjudication
T2 - How International are International Commercial Courts?
AU - Caserta, Salvatore
AU - Madsen, Mikael Rask
PY - 2022
Y1 - 2022
N2 - How international are international commercial courts (ICommCs)? Among lawyers, the notion of international courts (ICs) comes with a strong public international law connotation. This Chapter traces examples of hybridity in international adjudication, focusing particularly on the admixing of domestic and international judicial forms, practices, and legal cultures. More specifically, we focus on three core forms of hybridity in relation to ICs and ICommCs: professional, institutional, and legal. After surveying a number of past and current ICs, we argue that hybridity is not a phenomenon only found in domestic international courts, but also a feature of many ‘proper’ ICs. We find that all three forms of hybridity are found at both ICs and ICommCs, which suggests that these – at first glance distinct forms of transnational adjudication – are in fact converging on a number of levels.
AB - How international are international commercial courts (ICommCs)? Among lawyers, the notion of international courts (ICs) comes with a strong public international law connotation. This Chapter traces examples of hybridity in international adjudication, focusing particularly on the admixing of domestic and international judicial forms, practices, and legal cultures. More specifically, we focus on three core forms of hybridity in relation to ICs and ICommCs: professional, institutional, and legal. After surveying a number of past and current ICs, we argue that hybridity is not a phenomenon only found in domestic international courts, but also a feature of many ‘proper’ ICs. We find that all three forms of hybridity are found at both ICs and ICommCs, which suggests that these – at first glance distinct forms of transnational adjudication – are in fact converging on a number of levels.
U2 - 10.1017/9781009023122.021
DO - 10.1017/9781009023122.021
M3 - Book chapter
T3 - Studies on International Courts and Tribunals
SP - 447
EP - 467
BT - International Commercial Courts
A2 - Dimitropoulos, Georgios
A2 - Brekoulakis, Stavros
PB - Cambridge University Press
ER -
ID: 249688294