Shai Dothan

Shai Dothan: International Judicial Review, Chapter 2.


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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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Shai DothanBy Shai Dothan