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Licensed Unlicensed Requires Authentication Published by De Gruyter November 6, 2013

The Democratic Legitimacy of International Courts: A Conceptual Framework

  • Armin von Bogdandy

Abstract

Many international courts have developed into institutions of public authority; this begs the question of their legitimation. This Article addresses their democratic legitimation and argues that Articles 9-12 of the E.U. Treaty provide a promising blueprint for its conceptualization, fusing theories focused on representation, participation and deliberation. This fusion points the way towards conceiving and developing the democratic credentials of institutions beyond the state in general. Soft law used by international judges, their election, procedure and reasoning will appear in a new light.

Published Online: 2013-11-06
Published in Print: 2013-11

© 2013 by Walter de Gruyter GmbH & Co.

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