The arms of international courts are long. Follesdal and Ulftsein bring together renowned experts to ask whether the benefits of global governance, the rule of law, and protection of the rights of individuals outweigh the compromising of national sovereignty and the lack of democratic accountability.--
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
"In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state"--
The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.
De internasjonale menneskerettighetene er under diskusjon både internasjonalt og i Norge. Noen mener at beskyttelsen av disse rettighetene ikke er god nok. Andre hevder at det har gått inflasjon i hva som kalles menneskerettigheter, og at det internasjonale systemet gjør store inngrep i hva som bør overlates til nasjonale demokratiske organer
1. Introduction Thomas Risse 1. - Part I. How to Grasp the Europeanization of Public Spheres: Theory, Methods, Empirics: 2. Theorizing communication flows within a European public sphere Barbara Pfetsch and Annett Heft 29. - 3. How advanced is the Europeanization of public spheres? Comparing German and European structures of political communication Ruud Koopmans 53. - 4. National media as transnational discourse arenas: the case of humanitarian military interventions Cathleen Kantner 84. - 5. European issue publics online: the cases of climate change and fair trade W. Lance Bennett, Sabine Lang and Alexandra Segerberg 108. - Part II. Consequences: Does the Europeanization of Public Spheres Matter?: 6. European public spheres, the politicization of EU affairs, and its consequences Thomas Risse 141. - 7. Media and identity: the paradox of legitimacy and the making of European citizens Sarah Harrison and Michael Bruter 165. - 8. The restructuring of political conflict in Europe and the politicization of European integration Edgar Grande and Hanspeter Kriesi 190. - Part III. Theoretical and Normative Implications: 9. Identity, Europe and the world beyond public spheres Jeffrey T. Checkel 227. - 10. Democracy, identity, and European public spheres Andreas Follesdal 247
"The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--