The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main actors of a (formerly) state-centric world order? Armin von Bogdandy and Ingo Venzke have again joined forces to illuminate these profound issues of the functions and legitimacy of ICTs, tying together and expanding on previous valuable insights.

Andreas Føllesdal, Opinio Juris

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.

Berthold Merkle, Neue Züricher Zeitung

The international law study In Whose Name contributes to the theory of global governance with rare analytical clarity. This book will quickly become unavoidable reading. Thanks to this work, the cosmopolitical landscape will be accessible for legal lay persons.

Elisabeth von Thadden, Die Zeit

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.
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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.
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Postscript to the Paperback Edition 1: Agenda and objectives 2: Basic conceptions of international courts 3: Key elements of a public law theory of adjudication 4: Pathways of democratic legitimacy 5: In whose name?
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`The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main actors of a (formerly) state-centric world order? Armin von Bogdandy and Ingo Venzke have again joined forces to illuminate these profound issues of the functions and legitimacy of ICTs, tying together and expanding on previous valuable insights.' Andreas Føllesdal, Opinio Juris `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.' Berthold Merkle, Neue Züricher Zeitung `The international law study In Whose Name contributes to the theory of global governance with rare analytical clarity. This book will quickly become unavoidable reading. Thanks to this work, the cosmopolitical landscape will be accessible for legal lay persons.' Elisabeth von Thadden, Die Zeit
Les mer
Features Postscript to the Paperback Edition Presents an innovative study of international courts and tribunals, investigating where they get their legitimacy from and in whose name they decide their cases Develops a unique means of showing the democractic legitimacy of international adjudication Demonstrates how international courts and tribunals exercise a form of international public authority
Les mer
Features Postscript to the Paperback Edition Presents an innovative study of international courts and tribunals, investigating where they get their legitimacy from and in whose name they decide their cases Develops a unique means of showing the democractic legitimacy of international adjudication Demonstrates how international courts and tribunals exercise a form of international public authority
Les mer

Produktdetaljer

ISBN
9780198784418
Publisert
2016
Utgiver
Vendor
Oxford University Press
Vekt
490 gr
Høyde
232 mm
Bredde
156 mm
Dybde
18 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
326