The New Terrain of International Law: Courts, Politics, Rights Review

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This is the introductory chapter of my forthcoming book with the same title. The three primary objectives of this book are to reveal the paradigm shift of the contemporary international judiciary, conceptualize how new–style international courts (ICs) contribute to international politics, and normalize our understanding foremost as courts, and second as international actors. The introduction defines key concepts and summarizes the main argument of the book. Section I: Courts – explains that today’s international courts (ICs) are fundamentally different from their predecessors. The vast majority of ICs today have new-style design features and increasingly apply international law that is embedded in domestic legal orders, and they have been delegated a broader range of judicial roles. Section II: Politics – explains how new–style ICs are able to alter domestic and international politics. Section III: Rights – explains how delegation to ICs contributes to generating and instantiating rights. Part IV provides a roadmap for the book. At the end of the chapter, I have appended an expanded table of context that includes abstracts of the book chapters and a case study index.

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  • 01/03/2019
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