The Normative Legitimacy of International Courts
Should international courts and tribunals enjoy the authority they currently do, or claim? PluriCourts is organising a workshop in Barcelona on the normative legitimacy of international courts.
Universitat Pompeu Fabra, Campus del Mar. Photo: Universitat Pompeu Fabra
Since the end of the Cold War, states have established a cascade of ICs with functions far beyond the early aims of reducing the risk of war. For which sound reasons should domestic or international authorities, or private individuals and bodies, defer to international courts (ICs): accept the decisions of ICs as rebuttable reasons to act otherwise than they otherwise would? Of particular interest are the ICs in one or more of five sectors: Human rights, trade, investment, criminal law, and the environment - where there are no ICs but non-compliance procedures. These ICs are alleged to suffer from various legitimacy deficits, ranging from widespread non-compliance to public challenges against their decisions.
This workshop will address shared questions concerning the normative legitimacy of ICs, such as:
- What do we mean when we speak of the normative legitimacy of ICs?
- What are the grounds of ICs’ normative legitimacy? Why, if at all, do prevalent concepts such as input, process and outcome legitimacy matter?
- What, if anything, could be done to improve a particular IC's legitimacy, especially by means of institutional redesign or reconfiguration of how an IC is embedded in a broader legal and political structure.
The workshop is a collaborative effort between PluriCourt andin Barcelona.
This is a closed workshop.