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Critical International LawPostrealism, Postcolonialism, and Transnationalism$
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Prabhakar Singh and Benoît Mayer

Print publication date: 2014

Print ISBN-13: 9780199450633

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199450633.001.0001

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Revisiting the Role of International Courts and Tribunals?

Revisiting the Role of International Courts and Tribunals?

Chapter:
(p.98) 4 Revisiting the Role of International Courts and Tribunals?
Source:
Critical International Law
Author(s):

Prabhakar Singh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199450633.003.0004

This chapter discusses the difference between the original mandate of international courts and the rise of scholarship that plead for extended functions. To be sure, though international courts do not say in whose name they speak the law, they have nonetheless proliferated acquiring new jurisdictions. International courts have also not settled the jurisprudence on what undercuts their exercise, policy or principles or both. The chapter argues that the narrative of postnationalism used by those publicists who extend the function of international courts is as exaggerated as it is empirically flawed when invoked beyond the contours of European polity. It develops a textual and realist position on the function of international courts.

Keywords:   international courts, jurisdiction, failed states, postnationalism, German publicists

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