The Judicialization of International Law: A Mixed Blessing?

by Andreas Follesdal (Editor), Geir Ulfstein (Editor)

Overview

The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

Product Details

ISBN-13:	9780192548399
Publisher:	OUP Oxford
Publication date:	03/30/2018
Series:	European Society of International Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	288
File size:	2 MB

About the Author

Andreas Follesdal is a Professor of Political Philosophy at the University of Oslo, as well as the Co-Director of PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order. He has been the Principal Investigator in the European Research Council Advanced Grant MultiRights, which investigated the legitimacy of the multi-level human rights judiciary. With a Ph.D. in Philosophy from Harvard University, Follesdal publishes in the field of political philosophy, mainly on issues of international political theory, globalisation, Europeanisation, Human Rights, and Socially Responsible Investing. Geir Ulfstein is a Professor of Law at the University of Oslo, the Co-Director of PluriCourts, this being the Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, as well as the Director of the Norwegian Centre for Human Rights at the University of Oslo. He has published in different areas of international law, including the law of the sea, international environmental law, international human rights and international institutional law, he is Co-chair of the International Law Association's Study Group on the 'Content and Evolution of the Rules of Interpretation', and is the Vice-Chair of the Scientific Advisory Board in Luxembourg.

Table of Contents

I - General Perspectives
1. Specialized Courts and Tribunals as the Guardians of International Law? The Nature and Function of Judicial Interpretation in Kelsen and Schmitt, Jochen von Bernstorff
2. The Governance of International Courts and Tribunals: Organizing and Guaranteeing Independence and Accountability, Niels Blokker
II - The Workings of ICs
3. Escaping from law, appealing to it: The experience of a civil society 'tribunal', Jerneja Penca
4. Substance and Style - How the WTO Adjudicators Legitimize their Decisions, Christiane Gerstetter
5. A Typology of International Judicial Practices, Jeffrey Dunoff and Mark Pollack
III - Backlash/Criticism
6. NGOs for International Justice: Criminal or Victims' Justice?, Kjersti Lohne
7. Managing Backlash: The Evolving Investment Treaty Arbitrator?, Malcolm Langford and Daniel Behn
8. Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences, David Caron and Esme Shirlow
9. Non-Participation in Compulsory Procedures of Dispute Settlement: The People' Republic of China's Position Paper in the South China Sea Arbitration and Beyond, Erik Franckx and Marco Benatar
IV - Responding to Fragmentation
10. The Contribution of International Court of Justice to the Promotion and Protection of Human Rights, Dominika Svarc
11. Should We (Still) Worry about Fragmentation?, Alain Pellet
V - Epilogue
12. Judicialization and its Challenges, Philippe Sands