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Elucidates judicial lawmaking, a phenomenon largely neglected
Offers clear conceptual framework
Shows judicial lawmaking in diverse fields of international law
Provides an array of responses to legitimacy problems of international judicial lawmaking
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.
Content Level »Graduate
Keywords »Democracy - Global Governance - International Courts and Tribunals - Judicial Lawmaking - Legitimacy
From the contents: Framing the Issue.- Judicial Lawmaking for Economic Governance: The ICSID and the WTO.- Judicial Lawmaking to Protect the Individual: The IACtHR, the ECtHR, and the ICTY.- Further Fields of Judicial Lawmaking: The ICJ and the CAS.- Strategies in Response: Concluding Considerations and Outlook.