Legal Reading group: 'The Argument from Normative Legitimacy' in Shai Dothan, International Judicial Review: When Should International Courts Intervene?'
Nicola Strain introduces ' The Argument from Normative Legitimacy' in Shai Dothan, International Judicial Review: When Should International Courts Intervene? (CUP 2020).
Chapter 2 addresses the legitimacy of intervention by international courts – unelected international bodies – in the decisions of democratically elected domestic officials. The chapter starts by delineating the commitment of international courts to the text of treaties that regulate their jurisdiction. It continues by explaining when expansive interpretation of these treaties is legitimate because the process of negotiation or revision of treaties gives certain countries an unjustified power to limit the treaty obligations of all member countries. Finally, the chapter explains that even if a country fully controls its treaty obligations it may not properly represent the interests of all parties affected by the treaty because of so-called democratic failures, justifying the use of expansive interpretation by international courts.
Please see the relevant chapter on this page.
The legal reading group meets on a regular basis to discuss leading publications on international courts and tribunals. The aim is to develop our understanding of an article/book chapter and how it might be relevant for our own projects, through sharing insights on its substance, merits, and broader context. The reading group managed by PluriCourts, but open to everyone that is interested.