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The New Terrain of International Law: Courts, Politics, Rights


ISBN13: 9780691154756
Published: March 2014
Publisher: Princeton University Press
Country of Publication: USA
Format: Paperback
Price: £24.95



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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings.

The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics.

The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies.

Alter explains how this limited power - the power to speak the law - translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Subjects:
Public International Law
Contents:
List of Illustrations ix
Case Study
Index xi
Preface xv
List of Abbreviations xxv
ART I: Delegating Authority to International Courts, a Global View 1
Chapter 1: The New Terrain of International Law: Courts, Politics, Rights 3
Chapter 2: International Courts Altering Politics 32
Chapter 3: The New International Courts 68
Chapter 4: World History and the Evolving International Judiciary 112
PART II: International Courts in Action 161
Chapter 5: International Dispute Settlement 163
Chapter 6: International Administrative Review 199
Chapter 7: International Law Enforcement 244
Chapter 8: International Constitutional Review 282
PART III: Courts, Politics, Rights 333
Chapter 9: International Courts and Democratic Politics 335
Appendixes 367
Legal Cases Index and Citations 401
Court Treaty Bibliography and Litigation Data Sources 407
Bibliography of Cited Works 415
Index 441