Cart
Free US shipping over $10
Proud to be B-Corp

In Whose Name? Armin von Bogdandy (Max-Planck Institute for Comparative Public Law and International Law, Max-Planck Institute for Comparative Public Law and International Law, Director)

In Whose Name? By Armin von Bogdandy (Max-Planck Institute for Comparative Public Law and International Law, Max-Planck Institute for Comparative Public Law and International Law, Director)

Summary

International courts and tribunals make decisions which shape international law. Yet what grants them the legitimacy to make these decisions in the first place? This book proposes a theory of international public law that argues that these international courts democratically derive their legitimacy from the people and citizens.

In Whose Name? Summary

In Whose Name?: A Public Law Theory of International Adjudication by Armin von Bogdandy (Max-Planck Institute for Comparative Public Law and International Law, Max-Planck Institute for Comparative Public Law and International Law, Director)

The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

In Whose Name? Reviews

The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main actors of a (formerly) state-centric world order? Armin von Bogdandy and Ingo Venzke have again joined forces to illuminate these profound issues of the functions and legitimacy of ICTs, tying together and expanding on previous valuable insights. * Andreas Follesdal, Opinio Juris *
In their dedicated work the two authors find that the received function of international courts as inter-state dispute settlers has been significantly expanded. Von Bogdandy and Venzke succeed in striking a comprehensible tone, which shows the consequences [of international adjudication] for the lives of the readers. * Berthold Merkle, Neue Zuricher Zeitung *
The international law study In Whose Name contributes to the theory of global governance with rare analytical clarity. This book will quickly become unavoidable reading. Thanks to this work, the cosmopolitical landscape will be accessible for legal lay persons. * Elisabeth von Thadden, Die Zeit *

Table of Contents

Postscript to the Paperback Edition 1: Agenda and objectives 2: Basic conceptions of international courts 3: Key elements of a public law theory of adjudication 4: Pathways of democratic legitimacy 5: In whose name?

Additional information

NLS9780198784418
9780198784418
0198784414
In Whose Name?: A Public Law Theory of International Adjudication by Armin von Bogdandy (Max-Planck Institute for Comparative Public Law and International Law, Max-Planck Institute for Comparative Public Law and International Law, Director)
New
Paperback
Oxford University Press
2016-03-10
326
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - In Whose Name?