Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Solomonic Judgments And The International Court Of Justice, Nienke Grossman
Solomonic Judgments And The International Court Of Justice, Nienke Grossman
All Faculty Scholarship
This chapter, in a forthcoming book on legitimacy and international courts, analyzes the impact of Solomonic or "split the baby" judgments on the normative and sociological legitimacy of the International Court of Justice.
The Normative Legitimacy Of International Courts, Nienke Grossman
The Normative Legitimacy Of International Courts, Nienke Grossman
All Faculty Scholarship
This Article’s objective is to spark discussion about the standards by which we judge international courts. Traditional justifications for the authority of international courts are based on outmoded assumptions of their role and impact. State consent and procedural fairness to litigants are insufficient to ground the legitimacy of institutions that may adjudicate the international rights and duties of nonlitigants, deeply affect the interests of nonlitigating stakeholders, and shape the law prospectively. These realities mandate a new approach to the legitimacy of international courts. This Article presents alternative or additional approaches for justifying the authority of international courts rooted in both …
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
All Faculty Scholarship
This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …