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Books > Law > International law > Public international law > Treaties & other sources of international law
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In Whose Name? - A Public Law Theory of International Adjudication (Paperback)
Loot Price: R1,544
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In Whose Name? - A Public Law Theory of International Adjudication (Paperback)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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The vast majority of all international judicial decisions have been
issued since 1990. This increasing activity of international courts
over the past two decades is one of the most significant
developments within the international law. It has repercussions on
all levels of governance and has challenged received understandings
of the nature and legitimacy of international courts. It was
previously held that international courts are simply instruments of
dispute settlement, whose activities are justified by the consent
of the states that created them, and in whose name they decide.
However, this understanding ignores other important judicial
functions, underrates problems of legitimacy, and prevents a full
assessment of how international adjudication functions, and the
impact that it has demonstrably had. This book proposes a public
law theory of international adjudication, which argues that
international courts are multifunctional actors who exercise public
authority and therefore require democratic legitimacy. It
establishes this theory on the basis of three main building blocks:
multifunctionality, the notion of an international public
authority, and democracy. The book aims to answer the core question
of the legitimacy of international adjudication: in whose name do
international courts decide? It lays out the specific problem of
the legitimacy of international adjudication, and reconstructs the
common critiques of international courts. It develops a concept of
democracy for international courts that makes it possible to
constructively show how their legitimacy is derived. It argues that
ultimately international courts make their decisions, even if they
do not know it, in the name of the peoples and the citizens of the
international community.
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