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The Constitutionalization of International Law
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what...
Legitimacy and International Courts
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Constituting Europe
An assessment of the European Court of Human Rights at the national, European and international levels.
The Performance of International Courts and Tribunals
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Making Treaties Work
There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.
The Legitimacy of International Human Rights Regimes
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
UN Human Rights Treaty Bodies
An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
The Legitimacy of International Trade Courts and Tribunals
2.2 Procedural Rules and Issues
The International Human Rights Judiciary and National Parliaments
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Legitimacy and International Courts
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
