WorldCat Identities

Broude, Tomer

Overview
Works: 25 works in 47 publications in 3 languages and 621 library holdings
Roles: Editor
Classifications: kz3410, 341.1
Publication Timeline
Key
Publications about  Tomer Broude Publications about Tomer Broude
Publications by  Tomer Broude Publications by Tomer Broude
Most widely held works by Tomer Broude
by ( Book )
3 editions published in in English and held by 85 libraries worldwide
by ( Book )
1 edition published in in English and held by 9 libraries worldwide
by ( Book )
4 editions published in in English and held by 8 libraries worldwide
by ( Book )
1 edition published in in German and held by 8 libraries worldwide
by ( Book )
3 editions published in in English and held by 6 libraries worldwide
by ( Book )
3 editions published between and 2005 in English and held by 5 libraries worldwide
Yet the DSS was in fact objectively designed as a weak judiciary and is inherently weaker than existing international judicial bodies. Nevertheless, the DSS has, in practice, been assigned by WTO Membership enhanced governance role that transcends its original design. A gap therefore exists between the structure of the DSS and its application in practice. The WTO's 'judicialized' dispute settlement system (DSS) is the source of intense political controversy. It is under attack, charged with judicial activism and with simply having been granted powers that are too extensive. Simultaneously, proponents depict it as an advanced model of international constitutional governance, and as the foundation of an evolving international structure that holds great promise. An alternative narrative of judicialization is provided, explaining the gap identified by the comparative study. A cumulation of preference patterns causes the Membership of the WTO to strategically employ the bounded DSS as a third-party rule-maker, a substitute for deliberative political decision-making---a dialectical form of governance. The problems of legitimacy are therefore rooted in the dysfunctional politic rather than the DSS; and the DSS cannot underpin a 'constitutional' construct. Both contradicting perspectives flow from a 'constitutional' narrative of international judicialization that assumes a domestically analogous 'separation-of-powers' structure and share the premise that the DSS has been constructed as an exceptionally powerful judiciary, in relation to the WTO's political elements and in comparison to earlier models of international adjudication. Some see this strength as the source of illegitimacy, others as the basis of a new constitution. The study concludes by advocating and developing an agenda for invigorating the political decision making process in the WTO while preserving and strengthening the DSS. The comparative weakness of the design of the DSS---its 'boundedness'---and the gap between design and practice are demonstrated through institutional-comparative analysis of relative judicial power, a dedicated concept developed on the basis of political science literature; it includes a tri-judiciary comparison of nine complex attributes understood as determinants of an international judiciary's relative judicial power.
by ( Book )
1 edition published in in English and held by 5 libraries worldwide
This book discusses specific problems in international economic relations and the influence of politics on law.
by ( Book )
1 edition published in in English and held by 5 libraries worldwide
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, 'who should decide what' in a system that formally lacks a central authority? This is not only a juridical question.
by ( Book )
1 edition published in in English and held by 2 libraries worldwide
by ( Book )
1 edition published in in English and held by 2 libraries worldwide
by ( Book )
1 edition published in in English and held by 1 library worldwide
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increas.
by ( Book )
1 edition published in in English and held by 1 library worldwide
by ( Book )
1 edition published in in English and held by 1 library worldwide
by ( Book )
1 edition published in in English and held by 1 library worldwide
by ( Book )
1 edition published in in English and held by 1 library worldwide
 
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Alternative Names
Brodi, Tomer
ברודי, תומר
Languages
English (44)
Undetermined (2)
German (1)
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