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The Judicialization of International LawA Mixed Blessing?$
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Andreas Follesdal and Geir Ulfstein

Print publication date: 2018

Print ISBN-13: 9780198816423

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198816423.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2021

The Governance of International Courts and Tribunals

The Governance of International Courts and Tribunals

Organizing and Guaranteeing Independence and Accountability

(p.26) 2 The Governance of International Courts and Tribunals
The Judicialization of International Law

Niels Blokker

Oxford University Press

Niels Blokker addresses a central, common legitimacy challenge to the governance of international courts and tribunals (ICs) themselves. How can various international organs—such as the General Assembly or the Assembly of States Parties—serve to secure the ICs’ requisite independence whilst ensuring their accountability? The governing institutions must secure this balance in each case, but do so in different ways. Blokker demonstrates some of the dilemmas arising in the context of ICs in balancing independence and accountability. An important question is what would be the best organizational choice(s)—possibly with different answers for different ICs. He also raises the issues of what can be learnt from the international requirements as regards the governance of national courts.

Keywords:   legitimacy, international organs, governance, balancing, accountability, organization

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