Judicial Globalization and Global Administrative Law: The Particularity of the Proliferation of International Courts
Forthcoming in “Judicial Globalization and Global Administrative Law: The Proliferation of International Courts” in Sabino Cassese (ed.), Global Administrative Law Handbook (Edward Elgar 2015/16)
iCourts Working Paper Series, No. 28
24 Pages Posted: 27 Jun 2015 Last revised: 1 Dec 2015
Date Written: June 25, 2015
One of the most profound developments in contemporary law and society is the new importance attached to international law (IL). A particularly striking trend in this regard is the increased juridification of international relations, performed by a growing number of international courts (ICs). Whereas only a handful of ICs existed in the mid-1980s, there are now at least 24 in operation, and there are indications of further growth. This paper traces the evolution of ICs and compares it with the parallel development of Global Administrative Law (GAL). It argues that although the development of ICs in part overlaps with the emergence of Global Administrative Law (GAL), it is also different, in important qualitative and quantitative ways. The main difference, the paper argues, is the central role of states with regard to ICs. This creates a different set of issues with regard to legitimacy as it generally makes ICs more susceptible to accusations of politicization.
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