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Books > Law > International law > International criminal law
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International Court Authority (Paperback)
Loot Price: R1,339
Discovery Miles 13 390
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International Court Authority (Paperback)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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An innovative, interdisciplinary and far-reaching examination of
the actual reality of international courts, International Court
Authority challenges fundamental preconceptions about when, why,
and how international courts become important and authoritative
actors in national, regional, and international politics. A stellar
group of scholars investigate the challenges that international
courts face in transforming the formal legal authority conferred by
states into an actual authority in fact that is respected by
potential litigants, national actors, legal communities, and
publics. Alter, Helfer, and Madsen provide a novel framework for
conceptualizing international court authority that focuses on the
reactions and practices of these key audiences. Eighteen scholars
from the disciplines of law, political science and sociology apply
this framework to study thirteen international courts operating in
Africa, Latin America, and Europe, as well as on a global level.
Together the contributors document and explore important and
interesting variations in whether the audiences that interact with
international courts around the world embrace or reject the rulings
of these judicial institutions. Alter, Helfer, and Madsen's
authority framework recognizes that international judges can and
often do everything they 'should' do to ensure that their rulings
possess the gravitas and stature that national courts enjoy. Yet
even when imbued with these characteristics, the parties to the
dispute, potential future litigants, and the broader set of actors
that monitor and respond to the court's activities may fail to
acknowledge the rulings as binding or take meaningful steps to
modify their behaviour in response to them. For both specific
judicial institutions, and more generally, the book documents and
explains why most international courts possess de facto authority
that is partial, variable, and highly dependent on a range of
different audiences and contexts - and thus is highly fragile. An
introduction situates the book's unique approach to conceptualizing
international court authority within theoretical debates about the
authority of global institutions. International Court Authority
also includes critical reflections on the authority framework from
legal theorists, international relations scholars, a philosopher,
and an anthropologist. The book's conclusion questions a number of
widely shared assumptions about how social and political contexts
facilitate or undermine international courts in developing de facto
authority and political power.
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