More on Research Theme 4: Performance
Legitimacy concerns relating to International courts (ICs)’ performance and effectiveness pertain to several functions of ICs: dispute settlement on the basis of legal reasoning, review and law making; how ICs contribute to fulfil the ‘meso-level’ objectives of treaties; and their ‘macro-level’ impact on such objectives as domestic and international rule of law, and global governance and justice. When, how and why do different ICs select, decide and justify cases strategically in order to secure compliance and societal support for the IC? How successfully do they anticipate reactions of important compliance constituencies, and how does that impact their status as legal, independent institutions? What is the role of ‘diffuse’ and ‘specific’ support of ICs for their social legitimacy? Do ICs perpetrate domination by certain states, multinationals or investors over historically underprivileged groups including women, or the Global South? Do ICs– and should they - contribute to global justice, and if so, should judges draw on such norms in their interpretations?