New ESIL Series, OUP 2018 ‘The Judicialization of International Law. A Mixed Blessing?’
New European Society of International Law Series
The Judicialization of International Law. A Mixed Blessing?
Edited by Andreas Follesdal and Geir Ulfstein
The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified?
Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.
The volume contains a selection of contributions presented first at the 11th ESIL Annual Conference, held in Oslo on 10-12 September 2015. The local organizer was the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order.
Jochen von Bernstorff