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Full-Text Articles in Law
Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein
Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein
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Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address …
Achieving Sex-Representative International Court Benches, Nienke Grossman
Achieving Sex-Representative International Court Benches, Nienke Grossman
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Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …
The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel
The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel
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International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.
Introduction To Intervention Under International Law, Mortimer N.S. Sellers
Introduction To Intervention Under International Law, Mortimer N.S. Sellers
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The lawfulness or legitimacy of "external" intervention in the "internal" affairs of sovereign states is one of the most basic controversies in modern international law. The question arises in three separate but related forms: When is intervention lawful? When is intervention legitimate? And when should intervention occur? Discussion here will focus on the legal question, but legitimacy, morality, and brutal reality all form and sometimes trump the law. They dictate the parameters within which all legal determinations take place, including the legality of cross-border interventions. By "intervention" I mean any activity by one state or its agents that influences the …
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers
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What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …
Legitimacy And International Adjudicative Bodies, Nienke Grossman
Legitimacy And International Adjudicative Bodies, Nienke Grossman
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This article proposes a theory of legitimacy tailored to international courts and tribunals. In Part II of this paper, the article defines an "international adjudicative body" as a dispute resolution mechanism - also called a "court" or "tribunal" - which decides disputes between litigants, at least one of whom must be a state, and comments on this definitional choice. The analysis in this article is limited only to adjudicative bodies where states are involved as litigants because a different set of legitimacy-influencing factors may be present when only private parties are involved. Next, it lays out a theory of legitimacy …