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Vol 21 No 11 Nov/Dec 2016

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In Whose Name?: A Public Law Theory of International Adjudication


ISBN13: 9780198717461
Published: July 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00
Paperback edition , ISBN13 9780198784418



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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.

Subjects:
Public International Law
Contents:
1. Agenda and objectives
2. Basic conceptions of international courts
3. Key elements of a public law theory of adjudication
4. Pathways of democratic legitimacy
5. In whose name?

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
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Oxford University Press
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Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£24.99
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£29.99
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£24.99
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£70.00
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
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£58.33 + £11.67 VAT
(ePub)
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Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£61.67 + £12.33 VAT
(ePub)
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Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£74.00
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£74.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£58.33 + £11.67 VAT
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International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£65.00 + £13.00 VAT
(ePub)
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International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£78.00
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£105.00
£122.50
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£40.99
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£40.99
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£82.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£95.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£95.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£110.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£54.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£38.99