[PDF] International Judicial Legitimacy eBook

Author : Nienke Grossman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 35,46 MB
Release : 2018-02-22
Category : Law
ISBN : 1108540228

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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.

Author : Hélène Ruiz Fabri
Publisher :
Page : 300 pages
File Size : 19,34 MB
Release : 2020-07-09
Category : International courts
ISBN : 9783848767625

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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.

Author : Lukas H. Meyer
Publisher : Cambridge University Press
Page : 333 pages
File Size : 25,51 MB
Release : 2009-11-12
Category : Law
ISBN : 0521199492

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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.

Author : Robert Howse
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 47,90 MB
Release : 2018-04-12
Category : Law
ISBN : 1108424473

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2.2 Procedural Rules and Issues

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 19,14 MB
Release : 2019-04-18
Category : Law
ISBN : 1108497179

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Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
Page : 423 pages
File Size : 12,8 MB
Release : 2008-02-26
Category : Law
ISBN : 3540777644

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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.

Author : Allen Buchanan
Publisher : OUP Oxford
Page : 528 pages
File Size : 14,70 MB
Release : 2003-08-21
Category : Political Science
ISBN : 0191522465

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This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Author : Jutta Brunnée
Publisher : Cambridge University Press
Page : pages
File Size : 19,5 MB
Release : 2010-08-05
Category : Law
ISBN : 1139491474

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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.

Author : Nienke Grossman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 24,30 MB
Release : 2018-02-22
Category : Law
ISBN : 110842385X

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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Author : Nobuo Hayashi
Publisher : Cambridge University Press
Page : 843 pages
File Size : 33,92 MB
Release : 2017-01-19
Category : Law
ISBN : 1316943151

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With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.