In Whose Name

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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

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Genre : Law
Author : Armin von Bogdandy
Publisher : OUP Oxford
Release : 2014-07-25
File : 305 Pages
ISBN-13 : 9780191026942


Annotated Ohio Code Of Civil Procedure

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Genre : Civil procedure
Author : Ohio
Publisher :
Release : 1889
File : 692 Pages
ISBN-13 : MINN:31951D024222219


School Laws And School Land Laws Of Nebraska

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Genre : Educational law and legislation
Author : Nebraska
Publisher :
Release : 1891
File : 578 Pages
ISBN-13 : UIUC:30112111922909


A Treatise On Marine Fire Life Accident And All Other Insurances

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Genre : Insurance
Author : Joseph Asbury Joyce
Publisher :
Release : 1897
File : 1080 Pages
ISBN-13 : UOM:35112104287166


The Fortnightly Review

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Genre :
Author :
Publisher :
Release : 1876
File : 902 Pages
ISBN-13 : OSU:32435054416441


A Treatise On Pleading And Practice Under The Code Of Civil Procedure

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Genre : Civil procedure
Author : Samuel Maxwell
Publisher :
Release : 1880
File : 622 Pages
ISBN-13 : UOM:35112104175510


Scope Of Soviet Activity In The United States

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Genre : Communism
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Release : 1956
File : 1448 Pages
ISBN-13 : UCAL:B5203608


Reports Of Cases In Law And Equity Determined In The Supreme Court Of The State Of Iowa

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Genre : Law reports, digests, etc
Author : Iowa. Supreme Court
Publisher :
Release : 1888
File : 852 Pages
ISBN-13 : CORNELL:31924061614834


The Constitution Of The United States The Ordinance Of 1787 The Organic Act Act Authorizing A State Government The State Constitution The Act Of Admission Into The Union And Sections 1 To 4821 Of The General Statutes

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Genre : Law
Author : Minnesota
Publisher :
Release : 1894
File : 1400 Pages
ISBN-13 : HARVARD:HL3ACM


Roscoe S Digest Of The Law Of Evidence In Criminal Cases

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Genre : Evidence, Criminal
Author : Henry Roscoe
Publisher :
Release : 1874
File : 996 Pages
ISBN-13 : SRLF:AA0008368367