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International Judicial Review

International Judicial Review
When Should International Courts Intervene?

Part of Studies on International Courts and Tribunals

  • Publication planned for: May 2020
  • availability: Not yet published - available from May 2020
  • format: Hardback
  • isbn: 9781108488761

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  • The book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, it is broken down to a series of separate inquiries: When is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications international courts have on society.

    • Addresses the problem of when international courts should intervene from multiple perspectives and thoroughly reviews many of the relevant arguments and counter-arguments
    • Combines original empirical research which has broad normative implications and rational choice theoretical arguments
    • Applies to international courts theories that justify judicial review by national courts, with necessary improvements and adaptations
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    Product details

    • Publication planned for: May 2020
    • format: Hardback
    • isbn: 9781108488761
    • dimensions: 228 x 152 mm
    • contains: 2 tables
    • availability: Not yet published - available from May 2020
  • Table of Contents

    1. Introduction
    2.The Argument from Normative Legitimacy
    3. The Argument from Systemic Epistemic Superiority
    4. Why International Courts Improve Deliberation
    5. Who Should Participate in the Courts' Proceedings?
    6. Creating the Right Incentives
    7. Conclusions

  • Author

    Shai Dothan, University of Copenhagen
    Shai Dothan is an Associate Professor of International and Public Law at the University of Copenhagen, Faculty of Law affiliated with iCourts – the Centre of Excellence for International Courts. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts (Cambridge University Press, 2015).

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