International Judicial Legitimacy
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Legitimacy and International Courts
Author | : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein |
Publsiher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 9781108423854 |
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
International Judicial Legitimacy
Author | : Hélène Ruiz Fabri,André Nunes Chaib,Ingo Venzke,Armin Von Bogdandy |
Publsiher | : Unknown |
Total Pages | : 300 |
Release | : 2020-07-09 |
Genre | : International courts |
ISBN | : 3848767627 |
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These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.
Legitimacy in International Law
Author | : Rüdiger Wolfrum,Volker Röben |
Publsiher | : Springer Science & Business Media |
Total Pages | : 422 |
Release | : 2008-02-26 |
Genre | : Law |
ISBN | : 9783540777649 |
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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.
The Legitimacy of International Trade Courts and Tribunals
Author | : Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang |
Publsiher | : Studies on International Courts and Tribunals |
Total Pages | : 547 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 9781108424479 |
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2.2 Procedural Rules and Issues
Legitimacy Justice and Public International Law
Author | : Lukas H. Meyer |
Publsiher | : Cambridge University Press |
Total Pages | : 333 |
Release | : 2009-11-12 |
Genre | : Law |
ISBN | : 9780521199490 |
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"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
International Judicial Practice on the Environment
Author | : Christina Voigt |
Publsiher | : Cambridge University Press |
Total Pages | : 505 |
Release | : 2019-04-18 |
Genre | : Law |
ISBN | : 9781108497176 |
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Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
In Whose Name
Author | : Armin von Bogdandy,Ingo Venzke |
Publsiher | : International Courts and Tribu |
Total Pages | : 305 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9780198717461 |
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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.
Legitimacy and Legality in International Law
Author | : Jutta Brunnée,Stephen J. Toope |
Publsiher | : Cambridge University Press |
Total Pages | : 135 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 9781139491471 |
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.