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The Judicialization of International Law: A Mixed Blessing?

The Judicialization of International Law: A Mixed Blessing?

Author: Andreas Follesdal; Geir Ulfstein
Publisher: Oxford University Press
ISBN: 9780198816423
Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law.

This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified?

Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

I - General Perspectives

1: Specialized Courts and Tribunals as the Guardians of International Law? The Nature and Function of Judicial Interpretation in Kelsen and Schmitt, Jochen von Bernstorff

2: The Governance of International Courts and Tribunals: Organizing and Guaranteeing Independence and Accountability, Niels Blokker

II - The Workings of ICs

3: Escaping from law, appealing to it: The experience of a civil society 'tribunal', Jerneja Penca

4: Substance and Style - How the WTO Adjudicators Legitimize their Decisions, Christiane Gerstetter

5: A Typology of International Judicial Practices, Jeffrey Dunoff and Mark Pollack

III - Backlash/Criticism

6: NGOs for International Justice: Criminal or Victims' Justice?, Kjersti Lohne

7: Managing Backlash: The Evolving Investment Treaty Arbitrator?, Malcolm Langford and Daniel Behn

8: Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences, David Caron and Esme Shirlow

9: Non-Participation in Compulsory Procedures of Dispute Settlement: The People' Republic of China's Position Paper in the South China Sea Arbitration and Beyond, Erik Franckx and Marco Benatar

IV - Responding to Fragmentation

10: The Contribution of International Court of Justice to the Promotion and Protection of Human Rights, Dominika Svarc

11: Should We (Still) Worry about Fragmentation?, Alain Pellet

V - Epilogue

12: Judicialization and its Challenges, Philippe Sands