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Berkeley Law

Selected Works

2007

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Towards A Political Theory Of International Courts And Tribunals, David D. Caron Jan 2007

Towards A Political Theory Of International Courts And Tribunals, David D. Caron

David D. Caron

This article introduces a new political theory of international courts and tribunals that explains why such bodies look and act as they do. The central insight of the theory is that the design and operation of international courts and tribunals can be understood through a theory of bounded strategic space within which actors in at most five, and at least two, institutional positions contend with one another, or against the space itself, so as to fulfill the logic of their position. The theory is premised on the belief that understanding of international courts and tribunals may be enriched and furthered …