Shai Dothan: International Judicial Review, Chapter 2.
Shai Dothan23 Aug 2021

Shai Dothan: International Judicial Review, Chapter 2.

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. This separate paper describes the key arguments in the chapter: https://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=3241331

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Episoder(12)

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 4 (last part)

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 4 (last part)

This is the fourth and last in a series of four short lectures that describe the similarities and differences between the early work of the Danish philosopher Søren Kierkegaard and the German philosop...

23 Mar 202227min

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 3

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 3

This is the third in a series of four short lectures that describe the similarities and differences between the early work of the Danish philosopher Søren Kierkegaard and the German philosopher Friedr...

23 Mar 202226min

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 2

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 2

This is the second in a series of four short lectures that describe the similarities and differences between the early work of the Danish philosopher Søren Kierkegaard and the German philosopher Fried...

23 Mar 202223min

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 1

A Comparison of the Early Writings of Nietzsche and Kierkegaard - Part 1

This is the first in a series of four short lectures that describe the similarities and differences between the early work of the Danish philosopher Søren Kierkegaard and the German philosopher Friedr...

23 Mar 202226min

Shai Dothan: International Judicial Review, The Conclusion.

Shai Dothan: International Judicial Review, The Conclusion.

The Conclusion describes briefly the contents of Chapter 7 of the book that is focused on contrasting the theories in the book with established theories of domestic judicial review and on presenting d...

24 Aug 20216min

Shai Dothan: International Judicial Review, Chapter 6.

Shai Dothan: International Judicial Review, Chapter 6.

Chapter 6 faces the final challenge to international courts' intervention, the fear that their intervention would lead to bad outcomes because it would change the incentives of relevant parties. It is...

24 Aug 20215min

Shai Dothan: International Judicial Review, Chapter 5.

Shai Dothan: International Judicial Review, Chapter 5.

Chapter 5 is focused on the risk of capture of international courts by NGOs. The chapter reviews the advantages and disadvantages of NGO involvement in international courts' proceedings either as dire...

24 Aug 20219min

Shai Dothan: International Judicial Review, Chapter 4.

Shai Dothan: International Judicial Review, Chapter 4.

Chapter 4 replies to the argument that international courts who decide important policy decisions take them off the public agenda and therefore stifle public debate. The chapter explains that an inter...

23 Aug 202110min

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