Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative ...
94 NGOs are often not invited to informal meetings of state representatives; see A Doherty, 'The Role of Nongovernmental Organizations in UNCED' in Sjöstedt ao (eds) (n 82), 199. 95 S Kravchenko, 'Strengthening Implementation of MEA: ...
Judicial Settlement of International Disputes: Jurisdiction, Justiciability and Judicial Law-Making on the Contemporary International Court
75 See in particular: Hauschildt v Denmark (App 10486/83), 24 May 1989, (1990) 12 EHHR 266; De Cubber v Belgium (supra n 53); Piersack v Belgium (supra n 53); Barbera et al. v Venezuela (2008) Series C, No 182, Judgment of 5 August 2008 ...
Harding, C., and Lim, An Archaeology C., 'The Significance of Westphalia: oftheInternational LegalOrder', inC. Harding andC. Lim, Renegotiating Westphalia: Essays and Commentary onthe Law (The European andConceptual Foundations of ...
The Paul Martin Lectures in International Relations and Law Edward McWhinney, Paul Martin. 17 NOTES 1. Nicaragua v . United States of America ... Sandford , 19 Howard 393 . 5. Charles Evans Hughes , The Supreme Court of the United ...
Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels.
This book analyses the specificity of the law-making activity of European constitutional courts.
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.
27 C. Holden, K. Lee, G. J. Fooks, and N. Wander, The Impact of Regional Trade Integration on Firm Organization and Strategy: British American Tobacco in the Andean Pact. Business and Politics 2010, 12 (4): 2. 28 Ibid., 20–2.