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Legitimacy and International Courts (eBook)

Edited by: Nienke Grossman, Harlan Grant Cohen, Andreas Follesdal, Geir Ulfstein

ISBN13: 9781108540223
Published: February 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £28.99
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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.

Subjects:
Public International Law, eBooks
Contents:
1. Introduction
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
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.

Series: Studies on International Courts and Tribunals

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International Procedure in Interstate Litigation and Arbitration: A Comparative Approach ISBN 9781108845311
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Legitimacy of Unseen Actors in International Adjudication ISBN 9781108725286
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International Judicial Review: When Should International Courts Intervene? ISBN 9781108488761
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International Judicial Review: When Should International Courts Intervene? (eBook) ISBN 9781108808460
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International Courts and Domestic Politics
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Legitimacy and International Courts ISBN 9781108438520
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The Legitimacy of International Trade Courts and Tribunals ISBN 9781108440295
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Human Rights Norms in `Other' International Courts (eBook) ISBN 9781108603676
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Human Rights Norms in `Other' International Courts ISBN 9781108499736
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Legitimacy of Unseen Actors in International Adjudication
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A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107442436
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Judicial Dialogue and Human Rights
Edited by: Amrei Muller
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International Courts and Domestic Politics (eBook) ISBN 9781108661973
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International Courts and Domestic Politics ISBN 9781108427760
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The Legitimacy of International Criminal Tribunals ISBN 9781316509401
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The Performance of International Courts and Tribunals (eBook) ISBN 9781108604888
Published March 2018
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The Legitimacy of International Trade Courts and Tribunals ISBN 9781108424479
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The Performance of International Courts and Tribunals ISBN 9781108425698
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Legitimacy and International Courts ISBN 9781108423854
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Judicial Dialogue and Human Rights (eBook)
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Judicial Dialogue and Human Rights
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The Legitimacy of International Criminal Tribunals ISBN 9781107146174
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A Farewell to Fragmentation: Reassertion and Convergence in International Law ISBN 9781107082090
Published October 2015
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