Introduction: Legitimacy and International Courts

28 Pages Posted: 6 Mar 2017  

Harlan Grant Cohen

University of Georgia School of Law; University of Georgia - Dean Rusk International Law Center

Andreas Follesdal

Pluricourts; Independent

Nienke Grossman

University of Baltimore - School of Law

Geir Ulfstein

Faculty of Law, University of Oslo; Pluricourts

Date Written: March 2, 2017

Abstract

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 cross-cutting issues such as representation, democracy, independence and effectiveness.

This Introduction surveys some of the key contributions of this volume and distills some of the lessons of its varied chapters for the legitimacy of international courts. Parts II and III are largely conceptual in approach, exploring what legitimacy means for each and all of the courts. Part IV takes a more functional approach, exploring how various factors internal or external to particular courts have contributed to those courts’ normative or sociological legitimacy. Part V provides thumbnail summaries of each the chapters that follow.

Keywords: international law, international courts, international tribunals, International Court of Justice, World Trade Organization, International Centre for the Settlement of Investment Disputes, European Court of Human Rights

JEL Classification: K33

Suggested Citation

Cohen, Harlan Grant and Follesdal, Andreas and Grossman, Nienke and Ulfstein, Geir, Introduction: Legitimacy and International Courts (March 2, 2017). Legitimacy and International Courts (Cambridge Univ. Press, Forthcoming). ; University of Georgia School of Law Legal Studies Research Paper No. 2017-10; Dean Rusk International Center Research Paper No. 2017-04; PluriCourts Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=2926591

Harlan Grant Cohen (Contact Author)

University of Georgia School of Law ( email )

Hirsch Hall
Athens, GA 30602
United States
706-542-5166 (Phone)

University of Georgia - Dean Rusk International Law Center ( email )

100 Herty Drive
Athens, GA 30602-6018
United States

Andreas Follesdal

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

Independent

No Address Available

Nienke Grossman

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, 21218
United States

Geir Ulfstein

Faculty of Law, University of Oslo ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Pluricourts

Norway

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