Against an International Criminal Court
In: Commentary, Band 105, Heft 5, S. 56-58
ISSN: 0010-2601
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In: Commentary, Band 105, Heft 5, S. 56-58
ISSN: 0010-2601
World Affairs Online
In: Studia diplomatica: Brussels journal of international relations, Band 53, Heft 6, S. 111-119
ISSN: 0770-2965
World Affairs Online
In: Global policy: gp, Band 11, Heft S3, S. 115-126
ISSN: 1758-5899
AbstractThe expectation that state voice drives perceptions of the legitimacy of international institutions is a common theme in academic scholarship and policy discourse on global power shifts. This article tests this expectation empirically, using novel and unique survey data on legitimacy perceptions toward eight international institutions among political and societal elites in six countries, comprising both rising and established powers. The article finds only limited support for a link between a state's voice in an international institution and elite perceptions of legitimacy. Differences in formal state representation are only partly reflected in patterns of perceived legitimacy across the six countries. In addition, there is no evidence at the individual level that assessments of state voice shape elites' perceptions of institutional legitimacy. Instead, considerations of good governance best predict whether elites perceive of international institutions as more or less legitimate. These findings suggest that only institutional reforms which are seen to favor general qualities of good governance, and not narrow demands for state voice, are likely to be rewarded with greater legitimacy.
The expectation that state voice drives perceptions of the legitimacy of international institutions is a common theme in academicscholarship and policy discourse on global power shifts. This article tests this expectation empirically, using novel andunique survey data on legitimacy perceptions toward eight international institutions among political and societal elites in sixcountries, comprising both rising and established powers. The article finds only limited support for a link between a state'svoice in an international institution and elite perceptions of legitimacy. Differences in formal state representation are onlypartly reflected in patterns of perceived legitimacy across the six countries. In addition, there is no evidence at the individuallevel that assessments of state voice shape elites' perceptions of institutional legitimacy. Instead, considerations of good governancebest predict whether elites perceive of international institutions as more or less legitimate. These findings suggestthat only institutional reforms which are seen to favor general qualities of good governance, and not narrow demands forstate voice, are likely to be rewarded with greater legitimacy.
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Fundamental aspects of regulatory power in international sport -- The contractual authority of sports governing bodies : the real and the fictional -- Indirect "contractual" devices -- The extent and function of consent in the de facto power of sports governing bodies
In: Nordic journal of international law, Band 69, Heft 1, S. 63-85
ISSN: 1571-8107
AbstractNo Abstract
In: Volume 11, Issue 1, George Mason International Law Journal, pp 45-80 (2020), https://www.gmuilj.org/wp-content/uploads/2021/08/Vol-11-Issue-1.pdf.
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In: Cambridge studies on environment, energy and natural resources governance
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
In: Public administration review: PAR, Band 65, Heft 6, S. 678-686
ISSN: 0033-3352
The present study aims to extend research on the role of values for the perceived legitimacy of legal authorities by focusing on (1) supranational legal authorities and (2) a broad range of values. We examine how (alignment between) people's personal values and their perception of the values of the European Union (EU) are related to perceived legitimacy of the Court of Justice of the EU (CJEU) and the EU more broadly. Inspired by moral foundations theory, we distinguish between individualizing (i.e., "democracy", "liberty", and "fairness") and binding values (i.e., "rule of law", "respect for national authority", and "respect for tradition"). An online survey was conducted in six EU member states (N = 1,136). A factor analysis confirmed a two-factor model (individualizing vs. binding values) for both personal values and perceived EU values. Four regression models were run for each of the value factors, including personal values, perceived EU values, and their interaction, on each of the outcomes (i.e., perceived CJEU and EU legitimacy). Perceived endorsement by the EU of both individualizing and binding values predicted higher legitimacy perceptions of the CJEU and EU. Furthermore, personal binding values had a negative effect on perceived EU legitimacy when participants perceived the EU to weakly support binding values, but a positive effect when the EU was perceived to strongly support binding values. The results suggest that value alignment plays an important role in perceived legitimacy of the CJEU and EU, and that better representing binding values might be a strategy to improve perceived EU legitimacy.
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Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. This book is a useful source of information for academics and practitioners in International law and provides a solid basis for further research. Dr. Constantine Antonopoulos is an Assistant Professor of International Law in the Democritus University of Thrace, Greece.
In: European journal of law and public administration, Band 1, Heft 2, S. 37-48
ISSN: 2360-6754
World Affairs Online
In: LAW, TROPICAL FORESTS AND CARBON: THE CASE OF REDD+, R. Lyster, C. MacKenzie & C. McDermott, eds., Cambridge University Press: United Kingdom, pp. 3-25, 2013
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