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International Court Authority

Edited by: Karen Alter, Laurence Helfer, Mikael Madsen

ISBN13: 9780198795599
Published: July 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £39.49
Hardback edition , ISBN13 9780198795582



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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.

Subjects:
Public International Law, International Criminal Law
Contents:
I: The Varied Authority of International Courts
1: International Court Authority in a Complex !orld, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
2: How Context Shapes the Authority of International Courts, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
II: International Courts in their Social and Political Context
Africa
3: The East African Court of Justice: Human Rights and Business Actors Compared, James Thuo Gathii
4: The ECOWAS Community Court of Justice: A Dual Mandate with Skewed Authority, Solomon Ebobrah
5: The OHADA Common Court of Justice and Arbitration: Its authority in the Formal and Informal Economy, Claire Moore Dickerson
6: The SADC Tribunal: Socio-Political Dissonance and the Authority of International Courts, Tendayi Achiume
Latin America and the Caribbean
7: The Caribbean Court of Justice: A Regional Integration and Post-Colonial Court, Salvatore Caserta, Mikael Rask Madsen
8: The Andean Tribunal of Justice: From Washington Consensus to Regional Crisis, Karen J. Alter, Laurence R. Helfer
9: The Inter-American Court of Human Rights: Constitutionalism and Constitutional Lawyers across Countries, Alexandra Huneeus
Europe
10: The Court of Justice of the European Community: Changing Authority in the Twenty-First Century, R. Daniel Kelemen
11: The European Court of Human Rights: From the Cold War to the Brighton Declaration and Backlash, Mikael Rask Madsen
Courts with a Global Reach
12: The International Court of Justice and Islamic Law States: Territory and Diplomacy, Emilia Justyna Powell
13: The World Trade Organization's Dispute Settlement Body: Its Extensive but Fragile Authority, Gregory Shaffer, Manfred Elsig, Sergio Puig
14: The International Criminal Court: The Paradox of Its Authority, Leslie Vinjamuri
15: International Criminal Tribunals: Prosecutorial Strategies in Atypical Political Environments, Ron Levi, John Hagan, Sara Dezalay
III: Reflections on International Court Authority
16: International Court Authority in Question: Introduction to Part III, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
17: Authority of International Courts: Scope, Power and Legitimacy, Andrei Marmor
18: International Courts: Command v. Reflexive Authority, Mikael Zürn
19: International Court's De Facto Authority and its Justification, Ingo Venzke
20: Jurisdiction, politics and truth-making: International Courts and the formation of translocal legal cultures, Jessica Greenberg
21: The Lords and Lady doth Protest too Much, Methinks: On Authority, Legitimacy and Power, on Motives and Beliefs, Andreas Follesdal
22: Authority and International Courts: A Comment on 'Content Independent' Social Science, Ian Hurd
IV: Growing and Diminishing IC Authority
23: Conclusion: Context, Authority, Power, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
To be published August 2042
Oxford University Press
£70.00
Identity and Diversity on the International Bench: Who is the Judge?
Edited by: Freya Baetens
ISBN 9780198870753
Published December 2020
Oxford University Press
£117.50
International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
Published October 2020
Oxford University Press
£99.00
International Court Authority ISBN 9780198795582
Published July 2018
Oxford University Press
£112.50
Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£40.49
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£51.00
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£40.49
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£95.83
(ePub)
Buy
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£137.50
£42.50
(ePub)
Buy
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£145.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£33.74
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£145.00
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£145.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£100.00
(ePub)
Buy
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£96.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£30.41
(ePub)
Buy
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£122.50
£140.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£69.00
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£127.50
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£82.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£207.50
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£78.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£54.00