More on Research theme 2: Separation of authority

States delegate some sovereign rights to an international court (IC) for various objectives: to enhance the state’s commitments, to coordinate better, or to manage cross border concerns – the vertical allocation of authority. When are critics correct that an IC fails to serve a good purpose? Can the principle of subsidiarity guide such allocation of authority between ICs and the national level? PluriCourts also looks at the authority relations among ICs, and between ICs and other international bodies - horizontal allocation of authority. With what right may and should ICs review other bodies or issue law-making decisions? ICs must draw on international law in judicially fragmented, sometimes conflicting ways. Pluricourts also examines how states create ‘competing’ regional ICs, and considers ICs’ resistance and resilience against formal harmonization – as between the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU).

Published Oct. 30, 2017 10:02 AM - Last modified Oct. 30, 2017 10:02 AM