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020 _a9781108236607 (ebook) :
040 _aMAIN
041 _aENG
082 _a341.01
245 _aBetween Fragmentation and Democracy :
_bthe Role of National and International Courts
_c[electronic resource] / by Eyal Benvenisti and George W. Downs.
260 _aCambridge :
_bCambridge University Press,
_c2017.
300 _a1 online resource (225p.)
500 _aTable of Contents: Chapter 1. Introduction Chapter 2. International Political Economy and the Fragmentation of International Law Chapter 3. The Impact of Domestic Politics on Global Fragmentation Chapter 4. The Brittle Independence of International Tribunals and Its Effects on Fragmentation Chapter 5. The Emergence of Interjudicial Cooperation among National Courts Chapter 6. Interjudicial Cooperation and the Potential for Democratization of the Global Regulatory Sphere Chapter 7. How Global Judicial “Countermajoritarianism” Can Enhance Democracy and Inclusion
504 _aIncludes Postscript , Bibliography and Index.
520 _aBetween Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.
650 _aInternational Law.
650 _aGlobal governance.
856 _3Cambridge core online
_uhttps://doi.org/10.1017/9781108236607
942 _cEBK
999 _c17689
_d17689