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ABSTRACT
Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers. The provision of 5G has become a diplomatic battleground—Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The USA invoked the General Agreement on Tariffs and Trade national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the United Arab Emirates to excuse theirs of Qatar. And with the spread of COVID-19, states are invoking national security to scrutinize supply lines. Multiplying daily, such stories have led some observers to dub the era one of geoeconomics. Nonetheless, these developments remain difficult to judge, and the relationship between economics and national security remains confused and slippery. The essay seeks clarity in the deeper logic of these labels, revealing a fundamental choice between the logics of markets and the logics of state. Whether invoked to 'secure' borders, privacy, health, the environment, or jobs, 'national security' is a claim about the proper location of policymaking. Appeals to economics, with their emphasis on global welfare and global person-to-person relationships, are such claims as well. Resolving disputes, this essay argues, requires recognizing these root choices.

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.

Introduction / Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, and Geir Ulfstein -- Solomonic judgments and the legitimacy of the International Court of Justice / Nienke Grossman -- The global-local dilemma and the ICC's legitimacy / Margaret de Guzman -- Justice as legitimacy in the European Court of Human Rights / Molly Land -- Legitimacy and jurisdictional overlap : the ICC and the Inter-American Court in Colombia / Alexandra Huneeus -- The legitimacy of the European Court of Justice : normative debates and empirical evidence / Mark Pollack -- The International Tribunal for the Law of the Sea : seeking the legitimacy of state consent / Anastasia Telesetsky -- Who decides matters : the legitimacy capital of WTO adjudicators versus ICSID arbitrators / Joost Pauwelyn -- The legitimacy of the International Centre for Settlement of Investment Disputes / Andrea Bjorklund -- The human rights treaty bodies and legitimacy challenges / Geir Ulfstein -- Constitutionalization, not democratization : how to assess the legitimacy of international courts / Andreas Follesdal -- Democracy, justice and the legitimacy of international courts / Mortimer Sellers -- Stronger together? : legitimacy and effectiveness of international courts as mutually reinforcing or undermining notions / Yuval Shany