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Assessing the Effectiveness of International Courts$
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Yuval Shany

Print publication date: 2014

Print ISBN-13: 9780199643295

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199643295.001.0001

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(p.137) 7 Legitimacy
Assessing the Effectiveness of International Courts

Yuval Shany

Oxford University Press

This chapter discusses a number of useful typologies developed in the literature on the concept of legitimacy. It distinguishes, on the one hand, between social and normative legitimacy and, on the other hand, between source legitimacy, process legitimacy, and outcome legitimacy. It connects the concept of legitimacy to other key evaluative concepts, in particular, legality, fairness, justice, and effectiveness. It discusses the place of legitimacy within the operative categories that comprise international courts — structure, process, and outcome — and illustrates the ‘feedback loop’ characterizing changes in levels of legitimacy ‘capital’. It also considers the relationship between judicial legitimacy and key concepts related to the effectiveness of international adjudication, including jurisdiction and admissibility, judicial independence and impartiality, and judgment compliance.

Keywords:   international courts, social legitimacy, normative legitimacy, process legitimacy, outcome legitimacy, jurisdiction, admissibility, judicial independence, impartiality, judgement compliance

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