The Judicialization of International Law: A Mixed Blessing?. ISBN 9780198816423 from Practitioner Books

The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the creme de la creme of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

I - General Perspectives 1: Jochen von Bernstorff: Specialized Courts and Tribunals as the Guardians of International Law? The Nature and Function of Judicial Interpretation in Kelsen and Schmitt 2: Niels Blokker: The Governance of International Courts and Tribunals: Organizing and Guaranteeing Independence and Accountability II - The Workings of ICs 3: Jerneja Penca: Escaping from law, appealing to it: The experience of a civil society 'tribunal' 4: Christiane Gerstetter: Substance and Style - How the WTO Adjudicators Legitimize their Decisions 5: Jeffrey Dunoff and Mark Pollack: A Typology of International Judicial Practices III - Backlash/Criticism 6: Kjersti Lohne: NGOs for International Justice: Criminal or Victims' Justice? 7: Malcolm Langford, Daniel Behn and Runar Lie: The Revolving Door in International Investment Arbitration 8: David Caron and Esme Shirlow: Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences 9: Erik Franckx and Marco Benatar: Non-Participation in Compulsory Procedures of Dispute Settlement: The People' Republic of China's Position Paper in the South China Sea Arbitration and Beyond IV - Responding to Fragmentation 10: Dominika Svarc: The Contribution of International Court of Justice to the Promotion and Protection of Human Rights 11: Alain Pellet: Should We (Still) Worry about Fragmentation? V - Epilogue 12: Philippe Sands: Judicialization and its Challenges

Author(s)	Edited by Andreas Follesdal (Professor of Political Philosophy, Professor of Political Philosophy, University of Oslo), Geir Ulfstein (Professor of International Law, Professor of International Law, University of Oslo).
Publisher	Oxford University Press
ISBN	9780198816423
Format	Hardback
Pages	284
Published in	United Kingdom
Published	29 Mar 2018
Availability	Available

The Judicialization of International Law: A Mixed Blessing?

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