In The Shifting Border, Ayelet Shachar (2020) argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar's analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to justify injustice and atrocity such as ethnic cleansing. Shachar's normative proposals do not sufficiently recognize or guard against this risk.
The purpose of this article is to investigate the consequences of judicial campaign activity for the perceived legitimacy of the Pennsylvania judiciary. The authors find that politicized campaign ads do detract from court support, although they find practically no difference between traditional campaign ads (e.g., presenting endorsements from groups) and strong attack ads. But this finding must be understood within the context of the 2007 Pennsylvania election increasing court support for all respondents, even those exposed to the most politicized ad content. Being exposed to politicized ads seems to retard the benefits of elections but does not eliminate them. Adapted from the source document.
The article presents a transcript of a roundtable discussion of a number of Russian legal scholars, which was organized by the Center of International Law and International Security at the Institute for Contemporary International Studies (ICIS), Diplomatic Academy, Ministry of Foreign Affairs of the Russian Federation. They debate Russia's position with regard to international justice in general and international courts in particular. It is essential to understand the prospects of just decisions being made by international courts on cases to which Russia is a party or in which it has a special interest. K. Cargill
AbstractCan constitutional court decisions shape public opinion on a governmental policy? Previous studies have focused on the US Supreme Court, which enjoys a high degree of public support as the major resource of power for courts. In this study, we examine the extent to which courts can influence public opinion regarding a government bill at European courts. First, we argue that the public support for courts also allows them to move public opinion on policies into the direction of their decisions. This works in both directions: they can confer legitimacy to a policy that they support, but they can also de‐legitimize a policy that they oppose. Second, we argue that this mechanism strongly depends on the amount of support that a court receives. It only has an effect for courts that possess a higher institutional legitimacy and among the group of citizens trusting a court.We test our arguments by combining a most different systems design for France and Germany with a survey priming experiment on a school security bill. France and Germany are selected for a most different systems design as they exhibit different institutional designs as well as different levels of support for the court at the aggregate level. The survey experiment is implemented within large national election surveys, the German Internet Panel and the French National Election Study. Both experiments contain more than 2,600 respondents each. Our survey experiment primes for decision outcomes and different institutions to understand whether there are differences between an institution supporting and opposing a policy and between a court and alternative institutions.Our findings confirm that with higher public support, courts can move the opinion of citizens to both legitimize and de‐legitimize a policy. This effect can be found at the aggregate level for a court enjoying higher public support, but also at the individual level for respondents with higher trust in the court. Interestingly, courts can even move the opinion of citizens with strong prior attitudes in the opposite direction, if these citizens highly trust the court.These findings have implications beyond the study itself. First, they confirm that the legitimacy‐conferring effect can also be observed for European courts, not only for the US Supreme Court. Second, they show that the relevance of a mechanism identified for a single case, like the US Supreme Court, might only hold for specific conditions. As public support for courts strongly varies across countries in Europe, we also expect the impact of any mechanism relying on public support to strongly vary, as we can observe in our own analysis.
AbstractThis article offers the first systematic and comparative analysis of the effects of elite communication on citizen perceptions of the legitimacy of international organizations (IOs). Departing from cueing theory, it develops novel hypotheses about the effects of elite communication under the specific conditions of global governance. It tests these hypotheses by conducting a population-based survey experiment among almost 10,000 residents of three countries in relation to five IOs. The evidence suggests four principal findings. First, communication by national governments and civil society organizations has stronger effects on legitimacy perceptions than communication by IOs themselves. Secondly, elite communication affects legitimacy perceptions irrespective of whether it invokes IOs' procedures or performance as grounds for criticism or endorsement. Thirdly, negative messages are more effective than positive messages in shaping citizens' legitimacy perceptions. Fourthly, comparing across IOs indicates that elite communication is more often effective in relation to the IMF, NAFTA and WTO, than the EU and UN.
This title examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgements and interim measures from the Court's creation
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