The Judicialization of International Law: A Mixed Blessing?
Andreas Follesdal and Geir Ulfstein
Abstract
International relations are increasingly judicialized by the increasing number of international courts and tribunals. On the one hand this judicialization of international law is hailed as a glimmer of more effective and legitimate world governance promoting human rights, justice, and peace. On the other hand critics highlight how sovereignty is increasingly constrained by international courts, and question the effectiveness, legitimacy, and future potential of these courts and tribunals. This book maps and assesses this development and the mixed reactions thereto, presenting the aspirations w ... More
International relations are increasingly judicialized by the increasing number of international courts and tribunals. On the one hand this judicialization of international law is hailed as a glimmer of more effective and legitimate world governance promoting human rights, justice, and peace. On the other hand critics highlight how sovereignty is increasingly constrained by international courts, and question the effectiveness, legitimacy, and future potential of these courts and tribunals. This book maps and assesses this development and the mixed reactions thereto, presenting the aspirations which international courts and tribunals (ICs) are living up to, and where they fall short. The first Part provides a general frame for these legitimacy concerns. It discusses the general functions of ICs; how they are governed; and possible alternatives to ICs. The second Part considers how the ICs appear to present their judgments in ways that legitimize them vis-à-vis states and other stakeholders; their inner workings; as well as their law-making role. The following Parts consider the various forms of backlash several of the ICs experience, and how the ICs, states, and civil society seek to respond to these challenges. The last Part deals with the fragmentary character of the international judiciary. An epilogue looks to the future of international judicialization.
Keywords:
legitimacy,
international courts and tribunals,
functions,
backlash,
dispute settlement,
jurisdiction,
fragmentation,
multidisciplinary
Bibliographic Information
| Print publication date: 2018 |
Print ISBN-13: 9780198816423 |
| Published to Oxford Scholarship Online: May 2018 |
DOI:10.1093/oso/9780198816423.001.0001 |
Authors
Affiliations are at time of print publication.
Andreas Follesdal, editor
Professor of Political Philosophy, University of Oslo
Geir Ulfstein, editor
Professor of International Law, University of Oslo
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