The overarching concern is why and when an international court (IC) merits criticism and deference of various kinds. Some components under the multidimensional concept of legitimacy are: normative justification, social support, legality, compliance, state consent, as well, as constitutional and public law standards.
Evolutive Interpretation in the Light of Other International Instruments: Law and Legitimacy
Book chapter by Geir Ulfstein in Anne van Aaken and Iulia Motoc (eds.) The European Convention on Human Rights and General International Law, Oxford University Press.
International Courts and Judges: Independence, Interaction, and Legitimacy
Book chapter by Geir Ulfstein in Axel Marx and Jan Wouters (eds.) Global Governance, 2018.
Emotional Politics and the 'Militant Turn' of the European Court of Human Rights. Assessing Democratic Transitions Through the Case of Party Bans: The Refah Partisi
In this article, Postdoctoral Fellow Claudio Corradetti assesses the relation between Democracy and human rights in situations of democratic transitions. Read the full paper (SSRN).
- Squaring the Circle at the Battle at Brighton: Is the War between Protecting Human Rights or Respecting Sovereignty Over, or Has it Just Begun?
The Supreme Court of Norway: Increased Judicialization, less Legitimacy?
In the preceding years, the Norwegian Supreme Court has marked itself as an active protector of individual rights. The topic for Morten Kinander's presentation is the development of the Supreme Court's activism in respect to individual rights, its legal foundations and the consequences for Norwegian constitutional law.