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In Whose Name?A Public Law Theory of International Adjudication$
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Armin von Bogdandy and Ingo Venzke

Print publication date: 2014

Print ISBN-13: 9780198717461

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198717461.001.0001

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Agenda and Objectives

Agenda and Objectives

Chapter:
(p.1) 1 Agenda and Objectives
Source:
In Whose Name?
Author(s):

Armin von Bogdandy

Ingo Venzke

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717461.003.0001

This introductory chapter frames the problem with a number of illustrative examples and with the three core concepts that carry the book’s argument. It starts to show how international courts and tribunals exercise a number of functions beyond the settlement of disputes. They reassert legal validity (stabilize normative expectations), make law (develop normative expectations), and control as well as legitimize the public authority of other actors. International courts are multifunctional. By way of adjudication, they impact other actors on different levels of governance in the exercise of their freedom. They exercise public authority. This qualification focuses the book’s normative inquiry. Like all public authority, international adjudication demands democratic legitimacy. The introduction closes by responding to three likely objections.

Keywords:   judicial functions, dispute settlement, stabilizing normative expectations, law-making, judicial review, law, normative theory, Eurocentrism

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