In Whose Name?
A Public Law Theory of International Adjudication
Series: International Courts and Tribunals Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 July 2014
- ISBN 9780198717461
- Binding Hardback
- No. of pages304 pages
- Size 240x162x25 mm
- Weight 604 g
- Language English 0
Categories
Short description:
International courts and tribunals make decisions which shape international law. Yet what grants them the legitimacy to make these decisions in the first place? This book proposes a theory of international public law that argues that these international courts democratically derive their legitimacy from the people and citizens.
MoreLong description:
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.
In their dedicated work the two authors find that the received function of international courts as inter-state dispute settlers has been significantly expanded. Von Bogdandy and Venzke succeed in striking a comprehensible tone, which shows the consequences [of international adjudication] for the lives of the readers.
Table of Contents:
Agenda and objectives
Basic conceptions of international courts
Key elements of a public law theory of adjudication
Pathways of democratic legitimacy
In whose name?
