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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Produktdetaljer
ISBN
9780192515049
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter