About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 Temp. Int'l & Comp. L.J. 298 (2018-2019)
International Courts and the Politics of Legitimation and De-Legitimation

handle is hein.journals/tclj33 and id is 306 raw text is: INTERNATIONAL COURTS AND THE POLITICS OF LEGITIMATION AND DE-LEGITIMATION Theresa Squatrito* ABSTRACT How might states damage the reputation of international courts (ICs)? What can ICs do to counteract threats to their legitimacy? This article explores how the legitimacy of ICs is constructed through ongoing political interactions that ICs have with states, legal communities, and society. It argues that while states have various means of de-legitimizing ICs, two main channels exist for states to undermine an IC. States can use institutional channels to manipulate and undercut an IC's reputation. Institutional channels in particular allow states to affect a court's pedigree, processes, and outcomes through a variety of court-curbing mechanisms. The other channels are extra-institutional and rely on states' capacities to defy and publicly shame an IC and thereby harm its pedigree, processes, and outcomes. Moreover, this article argues that ICs are capable of counteracting states' de-legitimation efforts. ICs have interpretive, procedural, and off-the-bench possibilities to enhance their legitimacy in regard to their pedigrees, processes, and outcomes. This article contributes to research on the legitimacy of ICs, showing how legitimacy is strategically shaped through political interactions that affect the pedigree, processes, and outcomes of ICs. TABLE OF CONTENTS I. INTRODUCTION ............................................. 299 II. LEGITIMACY AND INTERNATIONAL COURTS .....................300 III. DE-LEGITIMATION OF INTERNATIONAL COURTS BY STATES .....304 A. De-legitimation Through Institutional Channels................305 B. Extra-institutional Channels to De-legitimation.................310 IV. STRATEGIC LEGITIMATION BY INTERNATIONAL COURTS .........314 A. Legitimation ofPedigree ............................. 314 B. Legitimation ofProcess. .................. ......316 C. Legitimation of Outcomes .................. .....318 V. CONCLUSION. ................................. ..... 320 298

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most