Jump to ContentJump to Main Navigation
LegitimacyThe State and Beyond$
Users without a subscription are not able to see the full content.

Wojciech Sadurski, Michael Sevel, and Kevin Walton

Print publication date: 2019

Print ISBN-13: 9780198825265

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198825265.001.0001

Show Summary Details
Page of

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: 28 July 2021

Legitimacy Criticisms of International Courts

Legitimacy Criticisms of International Courts

Not Only Fuzzy Rhetoric?

Chapter:
(p.223) XI Legitimacy Criticisms of International Courts
Source:
Legitimacy
Author(s):

Andreas Follesdal

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198825265.003.0012

This chapter concludes the book as a whole and attempts to bring some order to debates about the legitimacy of international courts. It draws on Raz’s conception of authority and on cosmopolitan theory. It argues that this approach can reduce apparent confusion about the legitimacy of international courts by explaining the significance of considerations such as states’ consent, states’ compliance, and the legality of courts’ decisions. International courts not only adjudicate disputes, but also engage in the interpretation and specification of laws, and—some would argue—even law-making. Thus, the issue is not only the judicial legitimacy of these courts, but also their legitimate role in specifying treaties and shaping other actors’ expectations of others’ future actions more broadly. Raz’s service conception helps to explain why several legitimacy conceptions matter for normative legitimacy, including legality, the (limited) significance of state consent, and why actual compliance often matters if international courts are to provide impartial yet responsive judgments and specifications whilst accountable and responsive.

Keywords:   legitimacy, authority, cosmopolitanism, international court, consent, compliance, legality

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .