Political Constraints on International Courts

Chap. 22 (pp. 483-502) in The Oxford Handbook of International Adjudication, Oxford University Press, 2013

U of Chicago, Public Law Working Paper No. 453

24 Pages Posted: 20 Dec 2013

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Date Written: December 19, 2013

Abstract

The complicated relationship between politics and law has long been a central concern among international lawyers. The project of international law has, for more than a century, sought to construct a zone for autonomous legal decision-making, immune from political considerations, to solve international disputes. Yet the context of international adjudication is, almost by definition, an intensely political one, and the efficacy of international law requires some consideration of that context. International disputes frequently involve high stakes, and so the dream of autonomous law providing technically correct solutions to resolve problems has always confronted the hard realities of international politics.

Suggested Citation

Ginsburg, Tom, Political Constraints on International Courts (December 19, 2013). Chap. 22 (pp. 483-502) in The Oxford Handbook of International Adjudication, Oxford University Press, 2013; U of Chicago, Public Law Working Paper No. 453. Available at SSRN: https://ssrn.com/abstract=2369970

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
262
Abstract Views
3,154
rank
114,899
PlumX Metrics