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The Inter American Court of Human Rights - The Legitimacy of International Courts and Tribunals (Hardcover)
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The Inter American Court of Human Rights - The Legitimacy of International Courts and Tribunals (Hardcover)
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This book provides a critical legal perspective on the legitimacy
of international courts and tribunals. The volume offers a critique
of ideology of two legal approaches to the legitimacy of the
Inter-American Court of Human Rights (IACtHR) that portray it as a
supranational tribunal whose last say on human rights protection
has a transformative effect on the democracies of Latin America.
The book shows how the discussion between these Latin American
legal strands mirrors global trends in the study of the legitimacy
of international courts related to the use of constitutional
analogies and concepts such as the notion of judicial dialogue and
the idea of democratic transformation. It also provides an in-depth
analysis of how, through the use of those categories, legal experts
studying the legitimacy of the IACtHR enact self-validation
processes by making themselves the principal agents of
transformation. These self-validation processes work as ideological
apparatuses that reproduce and entrench the mindset that the legal
discipline is a driving force of change in itself. Further, the
book shows how profiling the Court as an agent of transformation
diverts attention from the ways in which it has pursued a
particular view of human rights and democracy in the region that
creates and reproduces relations of inequality and domination.
Rather than discarding the IACtHR, this book aims to de-centre the
focus away from formal legal institutions, engaging with the idea
that ordinary people can mobilise and define the content of law to
transform their lives and territories. The book will be a valuable
resource for scholars working in the areas of human rights law,
law, public international law, legal theory, constitutional law,
political science and legal philosophy.
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