2023
DOI: 10.1163/15718107-bja10064
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Guardians of Legality?

Abstract: There is an essential conflict at the heart of the international judicial function. On the one hand, interstate courts and tribunals (ict s) are viewed as guardians of international legality; organs of the international community itself. On the other, they are the tools of their creator states. Accordingly, traditional conceptions of the international judicial function frame ict s as dispute settlors pure and simple, a perspective which comes into conflict with a more community-oriented role for ict s. This ar… Show more

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