Why there is a democratic deficit in the EU: a response to Majone and Moravcsik
In: European Governance Papers No. C-05-02
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In: European Governance Papers No. C-05-02
In: Review of social economy: the journal for the Association for Social Economics, Volume 81, Issue 1, p. 8-36
ISSN: 1470-1162
In: Global constitutionalism: human rights, democracy and the rule of law, Volume 10, Issue 1, p. 118-138
ISSN: 2045-3825
AbstractCritics challenge international courts for their interference with domestic democratic processes and alleged violations of rule of law standards: they claim that these guardians of the rule of law are not well guarded themselves. These concerns should not be dismissed too quickly as mere disgruntled venting by populist politicians. This article focuses on regional human rights courts and argues that the same interests and values that justify rule of law standards of impartiality, independence and accountability domestically also justify similar standards for international courts. Focusing on the European Court of Human Rights and its doctrine of the margin of appreciation, the article demonstrates how this doctrine may contribute to fulfilling the rule of law but at the same time may also endanger it. This requires changes to the doctrine to ensure that the core rule of law standards of predictability and protection against arbitrary discretion are respected.
In: Critical review of international social and political philosophy: CRISPP, Volume 25, Issue 1, p. 66-86
ISSN: 1743-8772
In: The journal of political philosophy, Volume 28, Issue 4, p. 476-499
ISSN: 1467-9760
In: Internationa Journal on Minority and Group Rights, 2021 (Forthcoming)
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In: Global Constitutionalism, 2021, Vol 10 (1): 118-138 https://www.doi.org/10.1017/S2045381719000364
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In: Journal of Political Philosophy, Forthcoming Doi.org/10.1111/jopp.12213
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In: Jeffrey Dunoff and Mark Pollock, eds. International Legal Theories: Foundations and Frontiers, 2019
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In: Global constitutionalism: human rights, democracy and the rule of law, Volume 7, Issue 3, p. 330-341
ISSN: 2045-3825
Abstract:These comments address three themes concerning Oona A Hathaway's and Scott J Shapiro'sThe Internationalists(Hathaway and Shapiro 2017), a great contribution to scholarship about international relations, international law and international legal theory. I first explore further some game theoretical themes, how the Peace Pact arguably contributed to avoid war by creating institutions – such as international courts – that helped stabilise an assurance game among states by providing trustworthy information and commitments, in turn influencing practices and beliefs concerning mutual non-aggression. Second, I suggest that the authors should not claim more than that the Peace Pact was one cause of the massive shift in reduced warfare. Further arguments are needed to show that this treaty was the trigger that 'began a cascade'. Third, I suggest that the lessons for the future are limited, as we explore how to preserve and improve on the New World Order of the Pact, rather than backsliding into the Old World Order.
In: European political science: EPS, Volume 18, Issue 2, p. 234-236
ISSN: 1682-0983
In: European political science: EPS, Volume 18, Issue 2, p. 237-247
ISSN: 1682-0983
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Working paper
In: PluriCourts Research Paper
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Working paper
In: International Court Authority. K. Alter, L. Helfer and M. R. Madsen, eds. New York, Oxford University Press (2018): 412-421
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