Legitimacy and International Courts
Title | Legitimacy and International Courts PDF eBook |
Author | Nienke Grossman |
Publisher | Cambridge University Press |
Total Pages | 397 |
Release | 2018-02-22 |
Genre | Law |
ISBN | 1108540228 |
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.
Legitimacy and International Courts
Title | Legitimacy and International Courts PDF eBook |
Author | Harlan Grant Cohen |
Publisher | Cambridge University Press |
Total Pages | 397 |
Release | 2018-02-22 |
Genre | Law |
ISBN | 110842385X |
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
The Legitimacy of International Trade Courts and Tribunals
Title | The Legitimacy of International Trade Courts and Tribunals PDF eBook |
Author | Robert Howse |
Publisher | Studies on International Courts and Tribunals |
Total Pages | 547 |
Release | 2018-04-12 |
Genre | Law |
ISBN | 1108424473 |
2.2 Procedural Rules and Issues
The Legitimacy of International Criminal Tribunals
Title | The Legitimacy of International Criminal Tribunals PDF eBook |
Author | Nobuo Hayashi |
Publisher | Cambridge University Press |
Total Pages | 843 |
Release | 2017-01-19 |
Genre | Law |
ISBN | 1316943151 |
With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
Legitimacy in International Law
Title | Legitimacy in International Law PDF eBook |
Author | RĂ¼diger Wolfrum |
Publisher | Springer Science & Business Media |
Total Pages | 423 |
Release | 2008-02-26 |
Genre | Law |
ISBN | 3540777644 |
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
International Judicial Practice on the Environment
Title | International Judicial Practice on the Environment PDF eBook |
Author | Christina Voigt |
Publisher | Cambridge University Press |
Total Pages | 505 |
Release | 2019-04-18 |
Genre | Law |
ISBN | 1108497179 |
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
In Whose Name?
Title | In Whose Name? PDF eBook |
Author | Armin von Bogdandy |
Publisher | International Courts and Tribu |
Total Pages | 305 |
Release | 2014 |
Genre | Law |
ISBN | 0198717466 |
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.