Legitimacy and International Courts
Legitimacy and International Courts
Harlan Grant Cohen, University of Georgia
Andreas Follesdal, Universitetet i Oslo
Geir Ulfstein, Universitetet i Oslo
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
- Experts in various fields analyse the meaning of legitimacy and its link to justice, democracy and effectiveness
- Features in-depth case-studies which outline the legitimacy challenges faced by international courts and offers lessons on how to approach them
- Will appeal to those seeking to deepen their understanding of legitimacy in the context of specific courts and across the field of international courts and tribunals
Product details
April 2018Hardback
9781108423854
396 pages
235 × 158 × 24 mm
0.68kg
Available
Table of Contents
- 1. Introduction
- Part I. The Legitimacy of Particular Dispute Settlement Mechanisms:
- 2. Solomonic judgements and the legitimacy of the international court of justice
- 3. The global-local dilemma and the ICC's legitimacy
- 4. Justice as legitimacy in the European Court of Human Rights
- 5. Legitimacy and jurisdictional overlap: the ICC and the inter-American court in Colombia
- 6. The legitimacy of the European Court of Justice: normative debates and empirical evidence
- 7. The international tribunal for the law of the sea: seeking the legitimacy of state consent
- 8. Who decides matters: the legitimacy capital of WTO adjudicators versus ICSID arbitrators
- 9. The legitimacy of the International Centre for Settlement of Investment Disputes
- 10. The Human Rights Treaty Bodies and legitimacy challenges
- Part II. Legitimacy - Cross-Cutting Issues:
- 11. Constitutionalization, not democratization: how to assess the legitimacy of international courts
- 12. Democracy, justice and the legitimacy of international courts
- 13. Stronger together? Legitimacy and effectiveness of international courts as mutually reinforcing or undermining notions.
