Geir Ulfstein

Norway was granted sovereignty over Svalbard by the 1920 Svalbard Treaty. This book examines the Treaty, emphasizing four aspects: the character of Norwegian sovereignty; the scope and nature of the requirement of non-discrimination; the prohibition of military use of the archipelago; and the application of the Treaty and the Mining Code in the maritime areas around Svalbard.

From Terra Nullius to Norwegian Sovereignty

The Svalbard Treaty

Andreas Follesdal

The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

A Mixed Blessing?

The Judicialization of International Law

Matthew Saul

Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

Europe and Beyond

The International Human Rights Judiciary and National Parliaments

Andreas Føllesdal

Birgit Peters

An assessment of the European Court of Human Rights at the national, European and international levels.

The European Court of Human Rights in a National, European and Global Context

Constituting Europe

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

Human Rights, Environment and Arms Control

Making Treaties Work

Robert Howse

Hélène Ruiz-Fabri

Michelle Q. Zang

A comprehensive discussion of international trade courts and tribunals with specific emphasis on their performance and legitimacy.

The Legitimacy of International Trade Courts and Tribunals

Jan Klabbers

Anne Peters

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

The Constitutionalization of International Law

Harlan Grant Cohen

Nienke Grossman

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Legitimacy and International Courts

Theresa Squatrito

Oran Young

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

The Performance of International Courts and Tribunals

Johan Karlsson Schaffer

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.

Geir Ulfstein

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