ISBN : 9780198816423
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.
I - General Perspectives; 1 Jochen von Bernstorff: Specialized Courts and Tribunals as the Guardians of International Law? The Nature and Function of Judicial Interpretation in Kelsen and Schmitt; 2 Niels Blokker: The Governance of International Courts and Tribunals: Organizing and Guaranteeing Independence and Accountability; II - The Workings of ICs; 3 Jerneja Penca: Escaping from law, appealing to it: The experience of a civil society 'tribunal'; 4 Christiane Gerstetter: Substance and Style - How the WTO Adjudicators Legitimize their Decisions; 5 Jeffrey Dunoff and Mark Pollack: A Typology of International Judicial Practices; III - Backlash/Criticism; 6 Kjersti Lohne: NGOs for International Justice: Criminal or Victims' Justice?; 7 Malcolm Langford and Daniel Behn: Managing Backlash: The Evolving Investment Treaty Arbitrator?; 8 David Caron and Esme Shirlow: Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences; 9 Erik Franckx and Marco Benatar: Non-Participation in Compulsory Procedures of Dispute Settlement: The People' Republic of China's Position Paper in the South China Sea Arbitration and Beyond; IV - Responding to Fragmentation; 10 Dominika Svarc: The Contribution of International Court of Justice to the Promotion and Protection of Human Rights; 11 Alain Pellet: Should We (Still) Worry about Fragmentation?; V - Epilogue; 12 Philippe Sands: Judicialization and its Challenges