Franklin

International courts and domestic politics [electronic resource] / edited by Marlene Wind, University of Copenhagen.

Publication:
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.
Format/Description:
Book
1 online resource.
Series:
Studies on international courts and tribunals.
Studies on international courts and tribunals
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Subjects:
International courts.
International and municipal law.
International law and human rights.
Form/Genre:
Electronic books.
Summary:
"Most studies describing this evolution have either drawn on classical legalistic approaches (see e.g. Aust and Nolte 2016; Keller and Stone Sweet 2008 or Mackenzie, Romano and Shany 2010) or been developed by constitutionalists?often from political science and sociology?preoccupied with mapping the global development and influence of ICs (see e.g. Slaughter 2000; Slaughter 2004; Slaughter and Burke-White 2006; Romano, Alter and Shany 2013 and Alter 2014). While the more classical legal scholarship has been predominated by accounts that outline principles and application of IC case law in national courts, constitutionalists have focused on actual practice, describing the evolution and functioning of ICs more broadly. What has unified both strands of research, however, is the often implicit description of a universal and unidirectional strengthening of legalization and judicialization in global affairs. The present volume puts the question in a different way. We do not from the outset normatively assume that ICs are important and powerful actors or that national actors without further ado cite, embrace or enter into a constructive dialogue with these supranational bodies. Rather what this book does is to ask?from a multidisciplinary perspective?how and to what degree do ICs actually influence, impose constraints on and create loyalty from those actors involved? It is our claim that rather little research has been occupied with the actual effects on the ground for those national courts, political institutions and citizens who are formally governed by the increased judicialization"-- Provided by publisher.
Contents:
Introduction / Marlene Wind
Missing in action? : the rare voice of international courts in domestic politics / Lisa Conant
What can financial markets tell us about international courts and deterrence? / Krzysztof Pelc and Jeffrey Kucik
The Strasbourg court and domestic judicial politics / David Kosar
It's a good idea ... isn't it? the impact of complementarity at the International Criminal Court on domestic law, politics and perceptions of sovereignty / Steven Freeland
Rights-protecting iCourts : the curious case of the OP=ICESCR / Benjamin Perryman
Re-assembling the French state via human rights : between human rights internationalism and political sovereignism / Mikael Rask Madsen
Impact through trust : the CJEU as a trust-enhancing institution / Juan A. Mayoral
Ideology and international human rights commitments in post-communist regimes : the cases of the Czech republic and Slovakia / Katarina Sipulova, Jozef Janovsky and Hubert Smekal
Escalation and interaction : international courts and domestic politics in the law of state immunity / Philippa Webb
National parliaments : obstacles or aid to the impact of international human rights bodies? / Jasper Krommendijk
The European Court of Human Rights and Swiss politics : how does the Swiss judge fit in? / Odile Ammann
The use of international jurisprudence by Israel's supreme court / Yael Ronen
Laggards or pioneers? : when Scandinavian avant-garde judges don't cite international case law : a methodological framework / Marlene Wind.
Notes:
Includes bibliographical references and index.
Description based on online resource; title from PDF title page (EBSCO, viewed June 28, 2018).
Contributor:
Wind, Marlene, 1963- editor.
Other format:
Print version:
ISBN:
9781108598736
1108598730
9781108427760
1108427766
9781108590396
110859039X
9781108448130 (paperback)
OCLC:
1042159181
Access Restriction:
Restricted for use by site license. Access for three concurrent users only.