With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.

The well-publicized contributions of civil society in setting items on the international agenda, in developing new international treaties, in exercising pressure on States in favour of or against the ratification of such treaties and in assisting the functioning of new institutions has attracted the attention of scholars who discuss the presence and the role of ‘new actors’ on the international stage. The role of civil society as regards international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field, may be less well-known but is certainly no less important. This book explores this crucial area. The attempt is timely and particularly relevant because of the continuous increase in the number of international courts, tribunals and compliance mechanisms. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well-established role of NGOs in Human Rights Courts and UN bodies as well as in the light of their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also included. The experience of a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, who have contributed to the book, provide it with the necessary variety of approaches and points of view. This book is based on the results of a research project by the Universities of Milan, Brescia and Verona, supported by the Italian Ministry for University and Research, and by PICT, the London-New York Project on International Courts and Tribunals. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and a Professor of International Law at the State University of Milano. Marco Frigessi di Rattalma teaches International Law at the University of Brescia. Attila Tanzi teaches International Law at the University of Verona. Alessandro Fodella teaches International Human Rights Protection at the University of Trento. Cesare Pitea and Chiara Ragni are research assistants at the University of Milan.

A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

The terms 'global' and 'civil society' have both become part of the contemporary political lexicon. In this important new book, Mary Kaldor argues that this is no coincidence and that the reinvention of civil society has to be understood in the context of globalization. The concept of civil society is no longer confined to the borders of the territorial state. Whether one considers dissidents in repressive regimes, landless labourers in Central America, campaigners against land mines or global debt, or even religious fundamentalists, it is now possible for them to link up with other like-minded groups in different parts of the world and to address demands not just to national governments but to global institutions as well. This has opened up new opportunities for human emancipation, and, in particular, for going beyond war as a way of managing global affairs. But it also entails new risks and insecurities. This is a book about a political idea - an idea that came out of the 1989 revolutions. It is an idea that expresses a real phenomenon, even if the boundaries and shape of the phenomenon are contested and subject to constant redefinition. The study of past debates as well as the actions and arguments of the present is a way of directly influencing the phenomenon, and of contributing to a changing reality, if possible for the better. The task is all the more urgent in the aftermath of September 11. Global Civil Society will be read by students of politics, international relations and sociology, as well as activists, policy-makers, journalists and all those engaged in global public debates.

A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.