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In Whose Name?A Public Law Theory of International Adjudication$
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Armin von Bogdandy and Ingo Venzke

Print publication date: 2014

Print ISBN-13: 9780198717461

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198717461.001.0001

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Basic Conceptions of International Courts

Basic Conceptions of International Courts

(p.28) 2 Basic Conceptions of International Courts
In Whose Name?

Armin von Bogdandy

Ingo Venzke

Oxford University Press

This chapter presents three established conceptions that dominate the understanding of the practice and scholarship of international courts: first, the state-oriented conception, which sees international courts as mere instruments of dispute settlement in a state-centric world order; second, the view according to which international courts act as organs of the value-based international community; third, the conception of international courts as institutions of legal regimes. This chapter thereby describes the key international courts from different angles, shows with further nuance that they typically perform multiple functions, and illustrates the growing relevance of international courts. It finally critiques these established basic understandings, which see international courts as instruments, organs, and institutions, but not as actors who exercise public authority. The chapter closes by pointing the way towards the fourth, democracy-oriented conception of international courts.

Keywords:   international community, governance theory, International Court of Justice, Permanent Court of Arbitration, European Court of Human Rights, World Trade Organization, investment arbitration

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