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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.

Introduction -- The concept of discretion between law and politics -- Overview of the international criminal court -- The historical development of international criminal tribunals and the discretionary power of the prosecutor -- Gravity between prosecutorial and legal interpretive discretion -- In the interests of justice -- Conclusion.

Intro -- Contents -- Acknowledgements -- Introduction -- Theoretical and structural issues -- Democracy and international governance -- Intergovernmental societies and the idea of constitutionalism -- Constitutional interpretation in international organizations -- The rationality of the use of force and the evolution of international organization -- Current issues: The changing environment of international organizations -- International organizations in a period of globalization: New (problems of ) legitimacy -- The changing image of international organizations -- International democratic culture and its sources of legitimacy: The case of collective security and peacekeeping operations i -- The legitimacy of Security Council activities under Chapter VII of the UN Charter since the end of the Cold War -- Selected contexts: International organization in transition -- The legitimacy of the World Trade Organization1 -- The process towards the new international AEnancial architecture -- Distributive justice and the World Bank: The pursuit of gender equity in the context of market reform -- Legitimacy in the real world: A case study of the developing countries, non-governmental organizations, and climate change -- Conclusion -- International organizations, the evolution of international politics, and legitimacy -- Acronyms -- Contributors -- Index.

The politics of gender justice at the International Criminal Court -- The International Criminal Court in time and space -- Representing gender justice at the International Criminal Court -- Recognising gender justice at the International Criminal Court -- Redistributing gender justice at the International Criminal Court -- Complementing gender justice through the International Criminal Court -- Legacies and legitimacy of international gender justice

"This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility"--

Democracy and international governance / Susan Marks -- Intergovernmental societies and the idea of constitutionalism / Philip Allott -- Constitutional interpretation in international organizations / Jose E. Alvarez -- The rationality of the use of force and the evolution of international organization / Veijo Heiskanen -- International organizations in a period of globalization: new (problems of) legitimacy / G.C.A. Junne -- The changing image of international organizations / Jan Klabbers -- International democratic culture and its sources of legitimacy: the case of collective security and peacekeeping operations in the 1990s / Jean-Marc Coicaud -- The legitimacy of Security Council activities under Chapter VII of the UN Charter after the end of the Cold War / Tetsuo Sato -- The legitimacy of the World Trade Organization / Robert Howse -- The process towards the new international financial architecture / Marc Uzan -- Distributive justice and the World Bank: the pursuit of gender equity in the context of market reform / Kerry Rittich -- Legitimacy in the real world: a case study of the developing countries, non-government organizations, and climate change / Joyeeta Gupta

International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

Cover -- Half Title -- Title -- Copyright -- Contents -- List of Tables -- Acknowledgements -- List of Abbreviations -- 1 Introduction -- 2 International Regimes in a World of Change: Why Legitimacy? -- 3 What is, and How Can We Measure, the Legitimacy of Regimes? -- 4 Non-State Actors and the Legitimacy of International Regimes -- 5 Regimes, Case-Design, and Coding Procedure -- 6 Regimes and the Reduction of Uncertainties -- 7 Regimes and Compliance -- 8 Regimes and the Management of Environmental Problems -- 9 Distributional Consequences of Environmental Regimes

"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--