9781108529570 ebook 9781108423854 (hardback) 9781108438520 (paperback)
Studies on international courts and tribunals.
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.
Title from publisher's bibliographic system (viewed on 12 Feb 2018).
Formatted Contents Note
Introduction / Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, and Geir Ulfstein Solomonic judgments and the legitimacy of the International Court of Justice / Nienke Grossman The global-local dilemma and the ICC's legitimacy / Margaret de Guzman Justice as legitimacy in the European Court of Human Rights / Molly Land Legitimacy and jurisdictional overlap : the ICC and the Inter-American Court in Colombia / Alexandra Huneeus The legitimacy of the European Court of Justice : normative debates and empirical evidence / Mark Pollack The International Tribunal for the Law of the Sea : seeking the legitimacy of state consent / Anastasia Telesetsky Who decides matters : the legitimacy capital of WTO adjudicators versus ICSID arbitrators / Joost Pauwelyn The legitimacy of the International Centre for Settlement of Investment Disputes / Andrea Bjorklund The human rights treaty bodies and legitimacy challenges / Geir Ulfstein Constitutionalization, not democratization : how to assess the legitimacy of international courts / Andreas Follesdal Democracy, justice and the legitimacy of international courts / Mortimer Sellers Stronger together? : legitimacy and effectiveness of international courts as mutually reinforcing or undermining notions / Yuval Shany.