in Legitimacy: The State and Beyond, ed. W. Sadurski, M. Sevel & K. Walton. Oxford, Oxford University Press 2019: 223-237. Many claims that international courts (ICs) are illegitimate are related in complex ways – differently in fields ranging from human rights to trade. This is not to deny that some talk of the illegitimacy of ICs is inaccurate or wrong. But it is possible and indeed valuable to develop a coherent account that connects several various usages, so as to specify better, worse and downright mistaken claims concerning the legitimacy of ICs. normative legitimacy provides helpful unity to many of the canvassed forms of legitimacy. The particular substantive normative conception of global justice to be respected and promoted by these institutions is not central to this task. I develop the outline of a theory by drawing on Joseph Raz’ ‘service conception’ of normatively legitimate authority, David Easton’s ‘systems analysis,’ and a cosmopolitan normative theory. Section 1 sketches relevant aspects of Raz’ account of legitimate authority: the service conception. Section 2 lays out some normative standards relevant for the ICs. The next sections then elaborate why, on the service conception, various legitimacy conceptions matter for normative legitimacy: why legality matters (section 3) including some reasons for the (limited) significance of state consent – even by rogue states. Section 4 starts to explore why and when actual compliance is important but not always decisive. Section 5 considers why the performance or effects of an IC matters. [WEB].

“A Better Signpost, Not a Better Walking Stick: How to Evaluate the European Consensus Doctrine”. Building Consensus on European Consensus: Judicial Interpretation of Human Rights in Europe and Beyond. P. Kapotas &V. Tzevelokos. Cambridge, Cambridge University Press: 189-209. [D0I/LINK] [WEB].

-“More Than Meets the Eye – and Less: On the Internationalists.” Global Constitutionalism 7 (3): 330-341. These comments explore further some game theoretical themes of O Hathaway and S Shapiro The Internationalists (2017) of how outlawing of war led to profound changes in international relations even when the norm was breached. The Peace Pact arguably contributed to avoid war by creating institutions – such as international courts – that helped stabilize an assurance game among states by providing trustworthy information and commitments, in turn influencing practices and beliefs concerning mutual non-aggression.
Second, the authors at times claim that the Peace Pact was not only a cause of, but the cause of the massive shift in reduced warfare. Further arguments would be required to substantiate that this treaty not only was a necessary condition, but the trigger that ‘began a cascade’ (xv). Other factors might also have been necessary, and equally deserving of the label ‘triggers,’ – such as increased global interdependence, or democratization. The authors might best modify their claim.
Third, the authors claim not only to present a historical account, but also to draw lessons for the future. At a time when international norms and institutions are under severe pressure, such lessons are very welcome. However, there are reasons to be less optimistic than the authors about the extent of lessons we can draw from The Internationalists about how to preserve and improve on the New World Order of the Pact, rather than backsliding into the Old World Order.[D0I/LINK] [WEB]

in International Court Authority. K. Alter, L. Helfer & M. R. Madsen. New York, Oxford University Press: 412-421. Institutional, political and social circumstances affect the impact of international courts (‘ICs’). The valuable and intellectually intriguing aim of the project in this volume, ‘The Variable Authority of International Courts’ is to develop and apply a metric to assess the effects of some of these contexts.
The chapter discusses two questions concerning the project. What do they seek to measure with their metric – and are the findings actually about authority? Furthermore, AHM go to great lengths to proclaim methodological agnosticism about actors’ beliefs and motives, and argue for the irrelevance of normative legitimacy for this research project. Yet the former claim seems incorrect and the second is both unnecessary and ill defended. [D0I/LINK] [SSRN] [WEB].

Jostein Ryssevik, Andreas Føllesdal, Dag Einar Thorsen og Axel Aubert 2018 Politikk og menneskerettigheter . Lærebok for videregående skole i FOKUS-serien. Oslo, Aschehoug. [LINK].