Journal article

International courts and the jurisprudence of statehood

    2019
Published in:
  • Transnational Legal Theory. - 2019, vol. 10, no. 1, p. 30-64
English International courts (ICs) have not only been specifying States’ duties, but have also contributed to the definition of States themselves. The article focuses on the case-law of three ICs: the International Court of Justice qua generalist international law court, and its making of the ‘internationalised State’; the European Court of Human Rights qua regional human rights court, and its moulding of the ‘democratic State’; and the Court of Justice of the European Union qua court of a regional economic organisation, and its making of the ‘managerial State’. The first part assesses the role of ICs in the development of the international law of statehood. The second part identifies the making of the State in the three ICs’ case-law and compares the ways in which statehood is actually performed through international jurisprudence. A third part presents three critiques of the contemporary international jurisprudence of statehood and explores ways to reform it.
Faculty
Faculté de droit
Department
Département de droit international et droit commercial
Language
  • English
Classification
Law
License
License undefined
Identifiers
Persistent URL
https://folia.unifr.ch/unifr/documents/307868
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