The International Adjudication of Mega-Politics
نویسندگان
چکیده
This article, the lead article of a special issue on “The International Adjudication Mega-Politics,” explores causes, strategies and consequences international courts (ICs) becoming embroiled in mega-political legal disputes. In seminal Ran Hirschl described “mega-politics” cases as those where – both national spoke to fundamental questions that defined identity polity. we adapt term for specific contexts ICs face, defining disputes are adjudicating issues divide domestic societies or inter-state relations such one would anticipate that, whatever outcome, important sizable social political groups will end up greatly upset. While there always risks when intervene high salience significance, argues authority is more fragile than their counterparts which makes adjudication mega-politics even risky. We identify three structural become mega-politics: 1) states deeply divided; 2) cleavage actors ask contested issues; 3) sovereignty-based ruling many see elements choice. theorize about called upon adjudicate disputes, how may impact an IC’s across various audiences. intervention neither new nor likely disappear, suggest phenomenon grow prevalence. Especially conjunction with rise nationalism populism, face greater risk. Here conclusion this issue, argue risk rarely translates into backlash politics, contra Hirschl’s fears mega-politics, IC actually further rather compromise democracy.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3961417