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"Bibliography" [2017] ELECD 380; in Schabas, A. William; Murphy, Shannonbrooke (eds), "Research Handbook on International Courts and Tribunals" (Edward Elgar Publishing, 2017) 484

Book Title: Research Handbook on International Courts and Tribunals

Editor(s): Schabas, A. William; Murphy, Shannonbrooke

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781005019

Section Title: Bibliography

Number of pages: 29

Extract:

16. Functions and access
Yaël Ronen



1. INTRODUCTION
The growth in number and political significance of international courts
and tribunals since the end of the Cold War has led to prolific research
on numerous aspects of the new judicial activity. One strand of enquiry
focuses on the functions which international courts and tribunals serve.
Much of this enquiry challenges the adequacy of perceived doctrines,
highlighting the novelties of present-day adjudicatory functions and
examining their implications. These evolving functions are shaped by
various factors, such as the mandate, institutional design and goals of
international courts and tribunals. The purpose of the present chapter is
to consider one aspect of institutional design, namely access, and its link
to the performance of their functions by international courts and
tribunals.
Given the different types of international courts and tribunals, it is only
natural that not all courts perform all functions, that different functions
carry different weight in each institution, and that even within the same
institution, functions at times conflict with each other. Equally, modal-
ities of access vary among international courts and tribunals. There can
therefore be no single, exhaustive account of international courts and
tribunals' functions and access to them. Nonetheless, there are funda-
mental challenges that are common to most, if not all, international
courts and tribunals. This chapter offers an overview of these challenges
and the manner in which access informs the ability of international courts
and tribunals to address them. It focuses on the international courts and
...