Conclusion

2021 ◽  
pp. 199-202
Author(s):  
Catharine Titi
Keyword(s):  
International Law ◽  
21St Century ◽  
Legal Concept ◽  
International Courts ◽  
Common Misconceptions

The book’s concluding chapter summarises its main findings and arguments. The book has tried to make sense of the legal concept of equity as it operates in the international law of the 21st century, setting it on a new basis and dealing with some common misconceptions about it. The thrust of its argument is that equity is a legal concept and a source of international law whose reach stretches beyond what has previously been conceded. Equity contributes to the development of international law and, as international law grows, the value of equity grows with it. By definition circumstance-specific, equity must remain flexible in order to fulfil its function qua justice. As time goes by, equity will still inform new international law and it will continue to be relevant, as an imperative of law as justice that international courts and tribunals are bound to apply.

The Function of Equity in International Law

2021 ◽  
Author(s):  
Catharine Titi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Case Law ◽  
Legal Concept ◽  
Public International Law ◽  
Legal Decisions ◽  
Investment Arbitration ◽  
Maritime Boundary ◽  
Common Misconceptions ◽  
Comprehensive Study

A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law, setting it on a new basis and dealing with some common misconceptions about it. In contrast with earlier studies on the topic, the book is informed by a body of judicial and arbitral case law that has never been so large and varied and it draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically ignored in public international law scholarship. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been conceded. As the importance of international law increases, continuously covering new domains, the value of equity increases with it. It is this new function of equity in the international law of the 21st century that this book explores.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

A Typology of International Judicial Practices

2018 ◽  
Author(s):  
Jeffrey L Dunoff ◽  
Mark A Pollack
Keyword(s):  
International Law ◽  
Practice Theory ◽  
Third Parties ◽  
International Courts ◽  
Everyday Practices ◽  
The Everyday ◽  
Judicial Opinions

This chapter discusses the inner working of ICs, such as the drafting of judicial opinions; practices concerning separate opinions; the role of language and translation; and the roles of third parties. It also presents a preliminary effort to identify and examine the everyday practices of international judges. In undertaking this task, the authors draw selectively upon a large literature on ‘practice theory’ that has only rarely been applied to international law in general or to international courts in particular. A typology and synoptic overview of practices is presented.

Legitimacy

2019 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
State Sovereignty ◽  
International Courts ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
The Relationship ◽  
Supranational Institutions

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.

Latin America’s Evolving Contribution to Peaceful Change in the International System

2020 ◽  
Author(s):  
Harold A. Trinkunas
Keyword(s):  
Latin America ◽  
International Law ◽  
Structural Changes ◽  
International System ◽  
Regional Organizations ◽  
International Courts ◽  
Interstate Disputes ◽  
System P ◽  
Soft Balancing ◽  
Interstate System

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Community ◽  
International Courts ◽  
Missing Persons

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

RESILIENCE TECHNIQUES OF INTERNATIONAL COURTS IN TIMES OF RESISTANCE TO INTERNATIONAL LAW

2021 ◽  
pp. 1-32
Author(s):  
Salvatore Caserta ◽  
Pola Cebulak
Keyword(s):  
European Union ◽  
International Law ◽  
Land Rights ◽  
Analytical Framework ◽  
The European Union ◽  
International Courts ◽  
Court Of Justice ◽  
Indigenous Groups ◽  
The Caribbean ◽  
Caribbean Court Of Justice

Abstract International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has engaged in legal diplomacy while adjudicating both on the land rights of indigenous groups and on Lesbian Gay Bisexual Transgender Queer and Intersex (LGBTQI) rights. It is argued that, in order to effectively avoid and mitigate backlash, international courts should deploy resilience techniques that go beyond merely exercising their judicial function. The successful deployment of resilience techniques can allow international courts to become significant actors in global governance during a time of crisis for the international liberal order.

Sign in / Sign up

Export Citation Format

Share Document