International Judicial Review: When Should International Courts Intervene?

by Shai Dothan

Overview

This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.

Product Details

ISBN-13:	9781108738828
Publisher:	Cambridge University Press
Publication date:	01/06/2022
Series:	Studies on International Courts and Tribunals
Pages:	171
Product dimensions:	5.94(w) x 8.98(h) x 0.39(d)

About the Author

Shai Dothan is Associate Professor of International and Public Law at the University of Copenhagen, Faculty of Law affiliated with iCourts – the Centre of Excellence for International Courts. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts (Cambridge, 2014).

Table of Contents

1. Introduction; 2. The argument from normative legitimacy; 3. The argument from systemic epistemic superiority; 4. Why international courts improve deliberation; 5. Who should participate in the courts' proceedings?; 6. Creating the right incentives; 7. Conclusions.