International Court Authority

by Mikael Rask Madsen, Karen J. Alter (Editor), Laurence R. Helfer (Editor)

Overview

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

Product Details

ISBN-13:	9780192515049
Publisher:	OUP Oxford
Publication date:	06/28/2018
Series:	International Courts and Tribunals Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	450
File size:	3 MB

About the Author

Karen J. Alter, is a Professor of Political Science and Law at Northwestern University, permanent visiting professor at the iCourts Center for Excellence, and co-director Research Group on Global Capitalism and Law. Winner of the Berlin Prize and a Guggenheim fellow, Alter is author of Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (OUP, 2017) with Laurence R. Helfer, the award-winning The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014), The European Courts Political Power (OUP, 2009) and Establishing the Supremacy of European Law (OUP, 2001) and more than forty-five articles and book chapters. Alter is member of the New York Council on Foreign Relations, the American Society of International Law, and serves on the editorial boards of five journals. Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law, co-director of the Center for International and Comparative Law, and a Senior Fellow with the Kenan Institute for Ethics at Duke University. He also serves as a Permanent Visiting Professor at the iCourts: Center of Excellence for International Courts at the University of Copenhagen, which awarded him an honorary doctorate in 2014. Professor Helfer has co-authored three books, including Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (OUP, 2017) with Karen J. Alter, and more than seventy scholarly articles on his diverse research interests. He is a member of the Board of Editors of the American Journal of International Law and the Journal of World Intellectual Property. Mikael Rask Madsen is Professor of European Law and Integration at the University of Copenhagen and Director of iCourts, the Danish National Research Foundation's Centre of Excellence for International Courts. He was formerly at the École des Hautes Études en Sciences Sociales in Paris. He has been a visitor at numerous universities, including University of Strasbourg, Oxford University, and University of California at Berkeley.

Table of Contents

I: The Varied Authority of International Courts
1. International Court Authority in a Complex !orld, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
2. How Context Shapes the Authority of International Courts, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
II: International Courts in their Social and Political Context
Africa
3. The East African Court of Justice: Human Rights and Business Actors Compared, James Thuo Gathii
4. The ECOWAS Community Court of Justice: A Dual Mandate with Skewed Authority, Solomon Ebobrah
5. The OHADA Common Court of Justice and Arbitration: Its authority in the Formal and Informal Economy, Claire Moore Dickerson
6. The SADC Tribunal: Socio-Political Dissonance and the Authority of International Courts, Tendayi Achiume
Latin America and the Caribbean
7. The Caribbean Court of Justice: A Regional Integration and Post-Colonial Court, Salvatore Caserta, Mikael Rask Madsen
8. The Andean Tribunal of Justice: From Washington Consensus to Regional Crisis, Karen J. Alter, Laurence R. Helfer
9. The Inter-American Court of Human Rights: Constitutionalism and Constitutional Lawyers across Countries, Alexandra Huneeus
Europe
10. The Court of Justice of the European Community: Changing Authority in the Twenty-First Century, R. Daniel Kelemen
11. The European Court of Human Rights: From the Cold War to the Brighton Declaration and Backlash, Mikael Rask Madsen
Courts with a Global Reach
12. The International Court of Justice and Islamic Law States: Territory and Diplomacy, Emilia Justyna Powell
13. The World Trade Organization's Dispute Settlement Body: Its Extensive but Fragile Authority, Gregory Shaffer, Manfred Elsig, Sergio Puig
14. The International Criminal Court: The Paradox of Its Authority, Leslie Vinjamuri
15. International Criminal Tribunals: Prosecutorial Strategies in Atypical Political Environments, Ron Levi, John Hagan, Sara Dezalay
III: Reflections on International Court Authority
16. International Court Authority in Question: Introduction to Part III, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen
17. Authority of International Courts: Scope, Power and Legitimacy, Andrei Marmor
18. International Courts: Command v. Reflexive Authority, Mikael Zurn
19. International Court's De Facto Authority and its Justification, Ingo Venzke
20. Jurisdiction, politics and truth-making: International Courts and the formation of translocal legal cultures, Jessica Greenberg
21. The Lords and Lady doth Protest too Much, Methinks: On Authority, Legitimacy and Power, on Motives and Beliefs, Andreas Follesdal
22. Authority and International Courts: A Comment on 'Content Independent' Social Science, Ian Hurd
IV: Growing and Diminishing IC Authority
23. Conclusion: Context, Authority, Power, Karen J. Alter, Laurence R. Helfer and Mikael Rask Madsen

Editorial Reviews

"A sweeping exploration of the authority of international courts across different audiences. Broad in its empirical scope and unique in its focus on de facto authority, this is the most important account to date of the role of international courts in world politics. Employing a common framework across 13 different judicial institutions, International Court Authority is a masterwork." — David A. Lake, Gerri-Ann and Gary E. Jacobs Professor of Social Sciences, University of California, San Diego

"Adopting an historical and comparative perspective, this extremely valuable investigation of the authority of international courts and tribunals offers an insightful tour of the debates surrounding this delicate and cross-cutting issue. Rich and multilayered, thought provoking and convincing, eighteen extremely accomplished scholars restore historical nuance to the question of how contextual factors beyond the control of international judges affect international court authority. International Court Authority raises important questions that deserve to attract more attention in contemporary scholarship." — Héläne Ruiz Fabri, Director of the Max Planck Institute Luxembourg for Procedural Law

"International Court Authority is a first-of-its-kind account of the factors that shape the de facto authority of international courts. Path-breaking and comprehensive, the authors offer a general theory that grapples with the legal, political, and social challenges international judges face. A group of scholars then examines a rich array of judicial bodies, demonstrating the strength of a truly interdisciplinary approach. A must read for the designers of future international courts, for every international judge, and of course for scholars of international adjudication." — Eyal Benvenisti, Whewell Professor of International Law, University of Cambridge

From the Publisher