Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198795582
- eISBN:
- 9780191836909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795582.003.0023
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of ...
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This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of the conjectures were confirmed, others were not. We focus in particular on the limited impact of IC design features, the distinctive challenges faced by international criminal tribunals, and by ICs created during the post-Cold War era. The final section revisits the distinction between IC authority and IC power. We explain why IC authority is likely to remain fragile, and we revisit our claim that authority can not only increase but also stagnate or diminish over time.Less
This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of the conjectures were confirmed, others were not. We focus in particular on the limited impact of IC design features, the distinctive challenges faced by international criminal tribunals, and by ICs created during the post-Cold War era. The final section revisits the distinction between IC authority and IC power. We explain why IC authority is likely to remain fragile, and we revisit our claim that authority can not only increase but also stagnate or diminish over time.
Mikael Rask Madsen
Karen J. Alter and Laurence R. Helfer (eds)
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198795582
- eISBN:
- 9780191836909
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795582.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Identifying the “varied authority” of international adjudicators as a common object of inquiry, this book develops a framework to conceptualize and analyze international court authority with the goal ...
More
Identifying the “varied authority” of international adjudicators as a common object of inquiry, this book develops a framework to conceptualize and analyze international court authority with the goal of assessing how contextual factors affect international courts’ authority, and therby their political and legal influence. Scholars drawn from a range of academic disciplines—namely law, political science, and sociology—have contributed to this book and examine the varied authority of thirteen international courts with jurisdictions that range from economic to human rights, to international criminal matters. Interdisciplinary commentaries reflect on what the framework and findings imply for the study of international court authority and legitimacy. Focusing on both global and regional adjudicatory systems, the chapters explore different ways in which contextual factors contribute to the fragility of each court’s authority over time and across the breadth of their jurisdiction. A conclusion pulls together the collective insights of how context shapes the authority of international courts.Less
Identifying the “varied authority” of international adjudicators as a common object of inquiry, this book develops a framework to conceptualize and analyze international court authority with the goal of assessing how contextual factors affect international courts’ authority, and therby their political and legal influence. Scholars drawn from a range of academic disciplines—namely law, political science, and sociology—have contributed to this book and examine the varied authority of thirteen international courts with jurisdictions that range from economic to human rights, to international criminal matters. Interdisciplinary commentaries reflect on what the framework and findings imply for the study of international court authority and legitimacy. Focusing on both global and regional adjudicatory systems, the chapters explore different ways in which contextual factors contribute to the fragility of each court’s authority over time and across the breadth of their jurisdiction. A conclusion pulls together the collective insights of how context shapes the authority of international courts.
Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198795582
- eISBN:
- 9780191836909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795582.003.0016
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in ...
More
This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in particular three foundational issues: (1) our decision to set aside normative questions about IC authority; (2) our decision to refrain from hypothesizing about the beliefs that shape how different audiences respond to IC rulings; and (3) our decision to discuss the distinction between IC authority and IC power. In some cases, the commentaries provide a contrasting perspective to this book’s inquiry; in other instances, they are openly critical of its approach to conceptualizing and analyzing IC authority. At a basic level, they reveal how discussions of authority inevitably provoke deeper questions—about legitimation, about the importance of investigating actor beliefs, and about the complex ways in which power is exercised in law and in legal practice.Less
This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in particular three foundational issues: (1) our decision to set aside normative questions about IC authority; (2) our decision to refrain from hypothesizing about the beliefs that shape how different audiences respond to IC rulings; and (3) our decision to discuss the distinction between IC authority and IC power. In some cases, the commentaries provide a contrasting perspective to this book’s inquiry; in other instances, they are openly critical of its approach to conceptualizing and analyzing IC authority. At a basic level, they reveal how discussions of authority inevitably provoke deeper questions—about legitimation, about the importance of investigating actor beliefs, and about the complex ways in which power is exercised in law and in legal practice.
