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(Chapter / Bokkapittel / PublishedVersion; Peer reviewed, 2022)
Sovereign States are under a legal obligation to comply with customary international law even though they have not explicitly consented to these norms. How should international courts accommodate both such non-consent-based ...
(Chapter / Bokkapittel / PublishedVersion; Peer reviewed, 2022)
Many elements of current positive public international law (PIL) originated in theories of natural law, including both rules – of the law of the sea and of war, of refugee and asylum law – and constitutive conceptions of ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2021)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2021)
What does justice require concerning socio-economic distribution among citizens of the European Union? The EU should reduce cross-national economic inequalities among inhabitants of different member states, but full economic ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2021)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2021)
Abstract Critics challenge international courts for their interference with domestic democratic processes and alleged violations of rule of law standards: they claim that these guardians of the rule of law are not well ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2021)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2020)
These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2020)
States are free, yet everywhere live under international courts and tribunals (ICs). As they proliferate and gain power across ever more domains, ICs become targets of resistance and criticism that they are illegitimate ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2018)
These comments address three themes concerning Oona Hathaway’s and Scott Shapiro’s The Internationalists (Hathaway and Shapiro 2017), a great contribution to scholarship about international relations, international law and ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2018)
While 10 years is too short a time to draw broad conclusions, the ERC does seem to have succeeded in promoting excellent and basic research in Europe, both through its own projects and by affecting standards and aspirations ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2018)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2017)
This material has been published in Moral and Political Conceptions of Human Rights: Implications for Theory and Practice edited by Reidar Maliks and Johan Karlsson Schaffer. This version is free to view and download for ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
What might the Inter-American Court of Human Rights (IACtHR) gain from a ‘judicial dialogue’ with the European Court of Human Rights (ECtHR) in the form of borrowing the ECtHR’s margin of appreciation doctrine? Arguably, ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2017)
Recent cases of non-compliance with judgments of the European Court of Human Rights (ECtHR) raise several profound questions of legitimacy. Some states seem simply unwilling to defer to the ECtHR, putting their own legitimacy ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
An important ‘stress test’ for regional human rights courts would be to see how well such courts perform when faced with authoritarian, human rights-violating regimes that they are supposed to hinder or constrain. These ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2016)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2016)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2015)
A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
Published December 2013 © Cambridge University Press
http://www.cambridge.org/cr/academic/subjects/law/human-rights/legitimacy-international-human-rights-regimes-legal-political-and-philosophical-perspectives
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
The chapter addresses some of the tensions between sovereignty, international human rights review and legitimacy, and bring these findings to bear on the proposals for reform of the European Court of Human Rights (ECtHR) ...
(Journal article / Tidsskriftartikkel / PublishedVersion, 2014)
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
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