International Judicial Review: When Should International Courts Intervene?

Forsideomslag
Cambridge University Press, 5. mar. 2020 - 170 sider
This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.
 

Indhold

The Argument from Normative Legitimacy
13
The Argument from Systemic Epistemic Superiority
37
Why International Courts Improve Deliberation
67
Who Should Participate in the Courts Proceedings?
85
Creating the Right Incentives
112
Conclusions
133
Bibliography
143
Index
157
Copyright

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Om forfatteren (2020)

Shai Dothan is Associate Professor of International and Public Law at the University of Copenhagen, Faculty of Law affiliated with iCourts - the Centre of Excellence for International Courts. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts (Cambridge, 2014).

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