Introduction On 23 June 2016, 52 per cent of voters that participated in the Brexit referendum voted to leave the EU. The message of the Leave Campaign to ‘take back control’ struck a chord with the majority of the electorate. Notwithstanding the separate reasons that led each and every one of those voters to vote in favour of the withdrawal of the UK from the EU, it is interesting to note that the UK government has interpreted this vote as an urge to shield the UK legal order from the influence of EU law. The prime minister, Theresa May, in her first speech in a party conference as leader of the Conservative party noted: ‘Our laws [should be] made not in Brussels but in Westminster. Our judges [should be] sitting not in Luxembourg but in courts across the land. The authority of EU law in this country [should be] ended forever.’ The stance of the UK government towards EU law and its main interpreter, the Court of Justice is hardly surprising, if one takes into account the following. First, even from the very beginning of the UK’s EU membership, the EU law principles of primacy and direct effect upon which the EU constitutional order is founded were sitting uncomfortably with parliamentary sovereignty which consists of the paramount principle of the UK legal order. Brexit offers an unprecedented opportunity to the UK legal order to ‘divorce’ from those ‘foreign’ legal principles that have created tectonic changes to it. Second, the result of the referendum shed light on the fact that the UK electorate was not in support of the current level of EU integration. Of course, ‘integration is fundamentally a political process’ but ‘law has a vital role to play in the process.’ In that sense, the detachment of the UK legal order from that of the EU and its institutions is almost a logical consequence of that vote.
{"title":"Taking back control? Brexit and the Court of Justice","authors":"N. Skoutaris","doi":"10.4324/9780429463280-6","DOIUrl":"https://doi.org/10.4324/9780429463280-6","url":null,"abstract":"Introduction On 23 June 2016, 52 per cent of voters that participated in the Brexit referendum voted to leave the EU. The message of the Leave Campaign to ‘take back control’ struck a chord with the majority of the electorate. Notwithstanding the separate reasons that led each and every one of those voters to vote in favour of the withdrawal of the UK from the EU, it is interesting to note that the UK government has interpreted this vote as an urge to shield the UK legal order from the influence of EU law. The prime minister, Theresa May, in her first speech in a party conference as leader of the Conservative party noted: ‘Our laws [should be] made not in Brussels but in Westminster. Our judges [should be] sitting not in Luxembourg but in courts across the land. The authority of EU law in this country [should be] ended forever.’ The stance of the UK government towards EU law and its main interpreter, the Court of Justice is hardly surprising, if one takes into account the following. First, even from the very beginning of the UK’s EU membership, the EU law principles of primacy and direct effect upon which the EU constitutional order is founded were sitting uncomfortably with parliamentary sovereignty which consists of the paramount principle of the UK legal order. Brexit offers an unprecedented opportunity to the UK legal order to ‘divorce’ from those ‘foreign’ legal principles that have created tectonic changes to it. Second, the result of the referendum shed light on the fact that the UK electorate was not in support of the current level of EU integration. Of course, ‘integration is fundamentally a political process’ but ‘law has a vital role to play in the process.’ In that sense, the detachment of the UK legal order from that of the EU and its institutions is almost a logical consequence of that vote.","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133552030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"China’s attitude towards international adjudication","authors":"Nanying Tao","doi":"10.4324/9780429463280-4","DOIUrl":"https://doi.org/10.4324/9780429463280-4","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127638892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What does the future hold for international courts?","authors":"Avidan Kent, N. Skoutaris, Jamie Trinidad","doi":"10.4324/9780429463280-1","DOIUrl":"https://doi.org/10.4324/9780429463280-1","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133759948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Critical junctures and the future of international courts in a post-liberal world order","authors":"K. Alter","doi":"10.4324/9780429463280-2","DOIUrl":"https://doi.org/10.4324/9780429463280-2","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115449284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Delegitimation of global courts","authors":"Zuzanna Godzimirska","doi":"10.4324/9780429463280-8","DOIUrl":"https://doi.org/10.4324/9780429463280-8","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115519030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-01DOI: 10.4324/9780429463280-11
Sondre Torp Helmersen
{"title":"How the application of teachings can affect the legitimacy of the International Court of Justice","authors":"Sondre Torp Helmersen","doi":"10.4324/9780429463280-11","DOIUrl":"https://doi.org/10.4324/9780429463280-11","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129057906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The future of investor-state dispute settlement","authors":"A. D. Mestral, Lukas Vanhonnaeker","doi":"10.4324/9780429463280-9","DOIUrl":"https://doi.org/10.4324/9780429463280-9","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115481654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contents Table of Abbreviations Acknowledgments Contributors 1. What Does the Future Hold for International Courts? 2. Critical Junctures and the Future of International Courts in a Post-Liberal World Order Part I: Regional Challenges 3. India and International Dispute Settlement: Some Reflections on India's Participation in International Courts and Tribunals 4. China's Attitude towards International Adjudication: Past, Present and Future 5. The Crisis of the European Court of Human Rights in the Face of Authoritarian and Populist Regimes 6. 'Taking Back Control? Brexit and the Court of Justice' Part II: Institutional Challenges 7. The Functions of the International Court of Justice: Tending to the Law While Settling Disputes? 8. Delegitimation of Global Courts: Lessons from the Past 9. The Future of Investor-State Dispute Settlement 10. Learning lessons through the prism of legitimacy: What future for International Criminal Courts and Tribunals? Part III: Procedural Challenges 11. How the application of teachings can affect the legitimacy of the International Court of Justice 12. Towards Separate Opinions at the Court of Justice of the European Union: Lessons in Deliberative Democracy from the International Court of Justice and Elsewhere 13. From Warfare to 'Lawfare': Increased Litigation and Rise of Parallel Proceedings in International Courts: A Case Study of Ukraine's and Georgia's Action Against the Russian Federation) 14. Amicus Curiae Participation in International Proceedings: Forever Friends? 15. Not Just a Wit, But a Cause of Wit in Others: The Influence of Human Rights in International Litigation 16. The Future of International Courts: What Next? * index
{"title":"The future of international courts","authors":"Avidan Kent, N. Skoutaris, Jamie Trinidad","doi":"10.4324/9780429463280","DOIUrl":"https://doi.org/10.4324/9780429463280","url":null,"abstract":"Contents Table of Abbreviations Acknowledgments Contributors 1. What Does the Future Hold for International Courts? 2. Critical Junctures and the Future of International Courts in a Post-Liberal World Order Part I: Regional Challenges 3. India and International Dispute Settlement: Some Reflections on India's Participation in International Courts and Tribunals 4. China's Attitude towards International Adjudication: Past, Present and Future 5. The Crisis of the European Court of Human Rights in the Face of Authoritarian and Populist Regimes 6. 'Taking Back Control? Brexit and the Court of Justice' Part II: Institutional Challenges 7. The Functions of the International Court of Justice: Tending to the Law While Settling Disputes? 8. Delegitimation of Global Courts: Lessons from the Past 9. The Future of Investor-State Dispute Settlement 10. Learning lessons through the prism of legitimacy: What future for International Criminal Courts and Tribunals? Part III: Procedural Challenges 11. How the application of teachings can affect the legitimacy of the International Court of Justice 12. Towards Separate Opinions at the Court of Justice of the European Union: Lessons in Deliberative Democracy from the International Court of Justice and Elsewhere 13. From Warfare to 'Lawfare': Increased Litigation and Rise of Parallel Proceedings in International Courts: A Case Study of Ukraine's and Georgia's Action Against the Russian Federation) 14. Amicus Curiae Participation in International Proceedings: Forever Friends? 15. Not Just a Wit, But a Cause of Wit in Others: The Influence of Human Rights in International Litigation 16. The Future of International Courts: What Next? * index","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125179284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-01DOI: 10.4324/9780429463280-15
J. Rudall
{"title":"Not just a wit, but a cause of wit in others","authors":"J. Rudall","doi":"10.4324/9780429463280-15","DOIUrl":"https://doi.org/10.4324/9780429463280-15","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123890549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-01DOI: 10.4324/9780429463280-12
David Yuratich
{"title":"Towards separate opinions at the Court of Justice of the European Union","authors":"David Yuratich","doi":"10.4324/9780429463280-12","DOIUrl":"https://doi.org/10.4324/9780429463280-12","url":null,"abstract":"","PeriodicalId":385405,"journal":{"name":"The Future of International Courts","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115500816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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