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1 results

  • 2 - The Argument from Normative Legitimacy

  • Shai Dothan, University of Copenhagen
  • Book:
    International Judicial Review
    Published online:
    14 February 2020
    Print publication:
    05 March 2020, pp 13-36

  • Summary

    Chapter 2 addresses the legitimacy of intervention by international courts – unelected international bodies – in the decisions of democratically elected domestic officials. The chapter starts by delineating the commitment of international courts to the text of treaties that regulate their jurisdiction. It continues by explaining when expansive interpretation of these treaties is legitimate because the process of negotiation or revision of treaties gives certain countries an unjustified power to limit the treaty obligations of all member countries. Finally, the chapter explains that even if a country fully controls its treaty obligations it may not properly represent the interests of all parties affected by the treaty because of so-called democratic failures, justifying the use of expansive interpretation by international courts.