Suchergebnisse

This review essay examines four edited volumes released in 2018 that address questions concerning the "legitimacy," "authority," and "performance" of international courts and tribunals (ICs). Each of the four volumes has a somewhat different focus.

This Article seeks to comprehensively articulate the meaning, role, and importance of truth in courts by drawing upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as United States Supreme Court decisions. It is frequently said that trials are a search for truth. But as insiders to the judicial system know, if this is so, then it is a meaning of truth that differs from what truth means in any other context. And exposing this definitional dissonance, in turn exposes that the legitimacy of the courts rests on an eroding foundation, as courts increasingly are not doing what the community believes courts are doing. This Article argues that when courts do not account for lay perceptions of courts as institutions that primarily value accuracy in decision making, courts jeopardize the legitimacy of courts as public institutions.

Abstract
This article investigates how superpower rivalry affects public perceptions of international organization (IO) legitimacy in the hegemon. We argue that the representation of a superpower rival state at an IO in the form of its key decision maker's nationality can dampen the IO's perceived legitimacy within the rival power. We test this argument using a survey experiment in the United States under President Trump, where we manipulate the nationality of the International Court of Justice (ICJ) judge who casts a tie-breaking vote against the United States. Our results show that when the judge is Chinese, there is a strong and robust dampening of Americans' perceptions of the ICJ's legitimacy, with no comparable effect arising when the judge is from other countries, including Russia. Replication of the experiment in the United States under President Biden offers external validity for our findings, which may have important implications for the future of the liberal international order.

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.

As they relate to the Supreme Court, institutional legitimacy and policy legitimacy have most frequently been studied in isolation. In this article, a holistic framework is proposed and examined. The political capital hypothesis holds that the Supreme Court can introduce institutional support in its efforts to generate legitimacy for particular policies, but that the Court risks its institutional backing by advancing controversial edicts. Therefore, institutional legitimacy functions as an expendable political capital with which the Supreme Court can confer some increment of policy legitimacy. Two experiments are conducted to test this dynamic, with results providing strong support for the hypothesized process of legitimation.

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