A compelling new look at the role of today's international courts
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. The New Terrain of International Law 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 New Terrain of International Law 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, Karen Alter 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. Alter explains how this limited power--the power to speak the law--translates into political influence, and she 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.
Autorentext
Karen J. Alter is professor of political science and law at Northwestern University and a permanent visiting professor at the iCourts Center of Excellence, University of Copenhagen School of Law. She is the author of Establishing the Supremacy of European Law and The European Court's Political Power.
Zusammenfassung
A compelling new look at the role of today's international courtsIn 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. The New Terrain of International Law 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 New Terrain of International Law 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, Karen Alter 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. Alter explains how this limited power--the power to speak the law--translates into political influence, and she 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.
Inhalt
List of Illustrations ix
Case Study Index xi
Preface xv
List of Abbreviations xxv
PART I: Delegating Authority to International Courts, a Global View 1
Chapter 1: The New Terrain of International Law: Courts, Politics, Rights 3
Chapter 2: International Courts Altering Politics 32
Chapter 3: The New International Courts 68
Chapter 4: World History and the Evolving International Judiciary 112
PART II: International Courts in Action 161
Chapter 5: International Dispute Settlement 163
Chapter 6: International Administrative Review 199
Chapter 7: International Law Enforcement 244
Chapter 8: International Constitutional Review 282
PART III: Courts, Politics, Rights 333
Chapter 9: International Courts and Democratic Politics 335
Chapter Appendixes 367
Legal Cases Index and Citations 401
Court Treaty Bibliography and Litigation Data Sources 407
Bibliography of Cited Works 415
Index 441