Legitimacy and International Courts (Studies on International Courts and Tribunals)
Cambridge University Press, 2/22/2018
EAN 9781108423854, ISBN10: 110842385X
Hardcover, 396 pages, 23.5 x 15.8 x 2.4 cm
Language: English
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.
1. Introduction
Part I. The Legitimacy of Particular Dispute Settlement Mechanisms
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
Part II. Legitimacy - Cross-Cutting Issues
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.