Legitimacy and International Courts

Book edited by Nienke Grossman, Harlan Grant Cohen, Andreas Føllesdal and Geir Ulfstein, CUP, (2018)

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Read more about the book here

Read the Introduction: Legitimacy and International Courts - A Framework, available on SSRN

Read Chapter 10 'The Human Rights Treaty Bodies and Legitimacy Challenges' by Geir Ulfstein available on SSRN

Read Chapter 11 'Constitutionalization, Not Democratization: How to Access the Legitimacy of International Courts' by Andreas Føllesdal available on SSRN

Tags: Legitimacy, ICJ, Human Rights, Investment, CJEU, Criminal law, ITLOS, Trade
Published Feb. 9, 2018 10:12 AM - Last modified Aug. 22, 2018 1:32 PM