International Judicial Lawmaking: On Public Authority and Democratic Legitimation in Global Governance (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, 236)

Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.  Front Matter....Pages i-xvii Front Matter....Pages 1-1 Beyond Dispute: International Judicial Institutions as Lawmakers....Pages 3-33 Precedents: Lawmaking Through International Adjudication....Pages 35-68 Lawmaking Through Advisory Opinions?....Pages 69-98 Prospects for the Increased Independence of International Tribunals....Pages 99-129 Front Matter....Pages 131-131 System-Building in Investment Treaty Arbitration and Lawmaking....Pages 133-177 Making General Exceptions: The Spell of Precedents in Developing Article XX GATT into Standards for Domestic Regulatory Policy....Pages 179-214 A Procedural Approach to the Legitimacy of International Adjudication: Developing Standards of Participation in WTO Law....Pages 215-249 Judicial Lawmaking by Judicial Restraint? The Potential of Balancing in International Economic Law....Pages 251-292 Front Matter....Pages 293-293 The Prohibition of Amnesties by the Inter-American Court of Human Rights....Pages 295-328 Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights....Pages 329-363 Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals....Pages 365-385 Front Matter....Pages 387-387 Expanding the Competence to Issue Provisional Measures – Strengthening the International Judicial Function....Pages 389-409 Lawmaking by the International Court of Justice – Factors of Success....Pages 411-437 The Making of a Lex Sportiva by the Court of Arbitration for Sport....Pages 439-469 Front Matter....Pages 471-471 On the Democratic Legitimation of International Judicial Lawmaking....Pages 473-509 Back Matter....Pages 511-512 Annotation Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of theirincreasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law. Â