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International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.
Inhaltsverzeichnis
- I: The Varied Authority of International Courts
- 1: Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen: International Court Authority in a Complex World
- 2: Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen: How Context Shapes the Authority of International Courts
- II: International Courts in their Social and Political Context
- Africa
- 3: James Thuo Gathii: The East African Court of Justice: Human Rights and Business Actors Compared
- 4: Solomon Ebobrah: The ECOWAS Community Court of Justice: A Dual Mandate with Skewed Authority
- 5: Claire Moore Dickerson: The OHADA Common Court of Justice and Arbitration: Its authority in the Formal and Informal Economy
- 6: Tendayi Achiume: The SADC Tribunal: Socio-Political Dissonance and the Authority of International Courts
- Latin America and the Caribbean
- 7: Salvatore Caserta, Mikael Rask Madsen: The Caribbean Court of Justice: A Regional Integration and Post-Colonial Court
- 8: Karen J. Alter, Laurence R. Helfer: The Andean Tribunal of Justice: From Washington Consensus to Regional Crisis
- 9: Alexandra Huneeus: The Inter-American Court of Human Rights: Constitutionalism and Constitutional Lawyers across Countries
- Europe
- 10: R. Daniel Kelemen: The Court of Justice of the European Community: Changing Authority in the Twenty-First Century
- 11: Mikael Rask Madsen: The European Court of Human Rights: From the Cold War to the Brighton Declaration and Backlash
- Courts with a Global Reach
- 12: Emilia Justyna Powell: The International Court of Justice and Islamic Law States: Territory and Diplomacy
- 13: Gregory Shaffer, Manfred Elsig, Sergio Puig: The World Trade Organization's Dispute Settlement Body: Its Extensive but Fragile Authority
- 14: Leslie Vinjamuri: The International Criminal Court: The Paradox of Its Authority
- 15: Ron Levi, John Hagan, Sara Dezalay: International Criminal Tribunals: Prosecutorial Strategies in Atypical Political Environments
- III: Reflections on International Court Authority
- 16: Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen: International Court Authority in Question: Introduction to Part III
- 17: Andrei Marmor: Authority of International Courts: Scope, Power and Legitimacy
- 18: Michael Zürn: International Courts: Command v. Reflexive Authority
- 19: Ingo Venzke: International Court's De Facto Authority and its Justification
- 20: Jessica Greenberg: Jurisdiction, politics and truth-making: International Courts and the formation of translocal legal cultures
- 21: Andreas Follesdal: The Lords and Lady doth Protest too Much, Methinks: On Authority, Legitimacy and Power, on Motives and Beliefs
- 22: Ian Hurd: Authority and International Courts: A Comment on 'Content Independent' Social Science
- IV: Growing and Diminishing IC Authority
- 23: Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen: Conclusion: Context, Authority, Power
Über den Autor / die Autorin
Karen J. Alter, is a Professor of Political Science and Law at Northwestern University, permanent visiting professor at the iCourts Center for Excellence, and co-director Research Group on Global Capitalism and Law. Winner of the Berlin Prize and a Guggenheim fellow, Alter is author of Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (OUP, 2017) with Laurence R. Helfer, the award-winning The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014), The European Courts Political Power (OUP, 2009) and Establishing the Supremacy of European Law (OUP, 2001). Alter is member of the New York Council on Foreign Relations, the Executive Committee of ASIL, and serves on the editorial boards of the journals International Organization, the American Journal of International Law, International Studies Review, Law and Social Inquiry, and the Journal of International Dispute Settlement.
Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law, co-director of the Center for International and Comparative Law, and a Senior Fellow with the Kenan Institute for Ethics at Duke University. He also serves as a Permanent Visiting Professor at the iCourts: Center of Excellence for International Courts at the University of Copenhagen, which awarded him an honorary doctorate in 2014. Professor Helfer has co-authored three books, including Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (OUP, 2017) with Karen J. Alter, and more than seventy scholarly articles on his diverse research interests relating to the interdisciplinary analysis of international laws and institutions. He is a member of the Board of Editors of the American Journal of International Law and the Journal of World Intellectual Property.
Mikael Rask Madsen is Professor of European Law and Integration at the University of Copenhagen and Director of iCourts, the Danish National Research Foundation's Centre of Excellence for International Courts. He was formerly at the École des Hautes Études en Sciences Sociales in Paris. He has been a visitor at numerous universities, including University of Strasbourg, Oxford University, and University of California at Berkeley.
Zusammenfassung
International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.
Zusatztext
International Court Authority is a first-of-its-kind account of the factors that shape the de facto authority of international courts. Path-breaking and comprehensive, the authors offer a general theory that grapples with the legal, political, and social challenges international judges face. A group of scholars then examines a rich array of judicial bodies, demonstrating the strength of a truly interdisciplinary approach. A must read for the designers of future international courts, for every international judge, and of course for scholars of international adjudication.
