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Questions of Jurisdiction and Admissibility before International Courts, written by Yuval Shany

Questions of Jurisdiction and Admissibility before International Courts, written by Yuval Shany Questions of Jurisdiction and Admissibility before International Courts. Cambridge: Cambridge University Press, 2015, pp. 186. £ 69.99. ISBN 9781107038790.International lawyers have always tended to struggle with questions about the reality and effectiveness of international law. Almost every conceivable approach has been tried – from openly acknowledging and accepting that international law is not, or at least not yet, ‘real’ law, to simply trying to forget about the entire question and deal with international law as is, or rather, as positively found in the ‘sources’ of international law. The most recent tendency in international legal scholarship has been either to seek refuge from academic escapism that does not even attempt to approach international law as law but rather as a field of cultural studies, or to gravitate towards an emphatically realist approach – that is, to forget about philosophy and first principles and focus on what we have, however imperfect.Yuval Shany’s book belongs to the latter category. Quite appropriately for a book that is based on the author’s Hersch Lauterpacht Memorial Lectures at the University of Cambridge in 2012, Professor Shany adopts an emphatically ‘functional’ approach to international law.1 According to Professor Shany, international courts can be understood ‘as policy http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Questions of Jurisdiction and Admissibility before International Courts, written by Yuval Shany

Heiskanen, Veijo
Journal of World Investment and Trade , Volume 18 (4): 8 – Aug 8, 2017
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-12340059
Publisher site
See Article on Publisher Site

Abstract

Questions of Jurisdiction and Admissibility before International Courts. Cambridge: Cambridge University Press, 2015, pp. 186. £ 69.99. ISBN 9781107038790.International lawyers have always tended to struggle with questions about the reality and effectiveness of international law. Almost every conceivable approach has been tried – from openly acknowledging and accepting that international law is not, or at least not yet, ‘real’ law, to simply trying to forget about the entire question and deal with international law as is, or rather, as positively found in the ‘sources’ of international law. The most recent tendency in international legal scholarship has been either to seek refuge from academic escapism that does not even attempt to approach international law as law but rather as a field of cultural studies, or to gravitate towards an emphatically realist approach – that is, to forget about philosophy and first principles and focus on what we have, however imperfect.Yuval Shany’s book belongs to the latter category. Quite appropriately for a book that is based on the author’s Hersch Lauterpacht Memorial Lectures at the University of Cambridge in 2012, Professor Shany adopts an emphatically ‘functional’ approach to international law.1 According to Professor Shany, international courts can be understood ‘as policy

Journal

Journal of World Investment and Trade – Brill

Published: Aug 8, 2017

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