OUVRAGE : K.J. Alter, L.R. Helfer, M. Rask Madsen (eds.), International Court Authority

Karen J. ALTER, Laurence R. HELFER, Mikael RASK MADSEN 

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions.

Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile.

An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

TABLE ON CONTENTS

I. The Varied Authority of International Courts

1. Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen, International Court Authority in a Complex World
2. Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen, How Context Shapes the Authority of International Courts,

II. International Courts in their Social and Political Context
 
Africa

3. James Thuo Gathii, The East African Court of Justice: Human Rights and Business Actors Compared
4. Solomon Ebobrah, The ECOWAS Community Court of Justice: A Dual Mandate with Skewed Authority
5. Claire Moore Dickerson, The OHADA Common Court of Justice and Arbitration: Its authority in the Formal and Informal Economy
6. Tendayi Achiume, The SADC Tribunal: Socio-Political Dissonance and the Authority of International Courts

Latin America and the Caribbean

7. Salvatore Caserta, Mikael Rask Madsen, The Caribbean Court of Justice: A Regional Integration and Post-Colonial Court
8. Karen J. Alter, Laurence R. Helfer, The Andean Tribunal of Justice: From Washington Consensus to Regional Crisis
9. Alexandra Huneeus, The Inter-American Court of Human Rights: Constitutionalism and Constitutional Lawyers across Countries

Europe

10. R. Daniel Kelemen, The Court of Justice of the European Community: Changing Authority in the Twenty-First Century
11. Mikael Rask Madsen, The European Court of Human Rights: From the Cold War to the Brighton Declaration and Backlash 

Courts with a Global Reach

12. Emilia Justyna Powell, The International Court of Justice and Islamic Law States: Territory and Diplomacy
13. Gregory Shaffer, Manfred Elsig, Sergio Puig, The World Trade Organization's Dispute Settlement Body: Its Extensive but Fragile Authority
14. Leslie Vinjamuri, The International Criminal Court: The Paradox of Its Authority
15. Ron Levi, John Hagan, Sara Dezalay, International Criminal Tribunals: Prosecutorial Strategies in Atypical Political Environments

III. Reflections on International Court Authority

16. Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen, International Court Authority in Question: Introduction to Part III
17. Andrei Marmor, Authority of International Courts: Scope, Power and Legitimacy
18. Michael Zürn, International Courts: Command v. Reflexive Authority
19. Ingo Venzke, International Court's De Facto Authority and its Justification
20. Jessica Greenberg, Jurisdiction, politics and truth-making: International Courts and the formation of translocal legal cultures
21. Andreas Follesdal, The Lords and Lady doth Protest too Much, Methinks: On Authority, Legitimacy and Power, on Motives and Beliefs
22. Ian Hurd, Authority and International Courts: A Comment on 'Content Independent' Social Science

IV. Growing and Diminishing International Court Authority

23. Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen, Conclusion: Context, Authority, Power

Karen J. ALTER, Laurence R. HELFER, Mikael RASK MADSEN (eds.), International Court Authority, Oxford, Oxford University Press, 2018 (496 pp.)