Administrative / Constitutional Law

International Judicial Review: When Should International Courts Intervene?

By Shai Dothan
Cambridge University Press March 2020

Specifications

ISBN-13
9781108488761
Publisher
Cambridge University Press
Publication
March 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, it is broken down to a series of separate inquiries: When is intervention legitimate? When can international courts identify good legal solutions?

When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications international courts have on society.

Table of Contents

1. Introduction
2. The Argument from Normative Legitimacy
3. The Argument from Systemic Epistemic Superiority
4. Why International Courts Improve Deliberation
5. Who Should Participate in the Courts' Proceedings?
6. Creating the Right Incentives
7. Conclusions
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