How Context Shapes the Authority of International Courts

Alter, Karen J.; Helfer, Laurence R.; Madsen, Mikael Rask

doi:10.2139/ssrn.2574233

Cited by 12 publications

(17 citation statements)

References 10 publications

(1 reference statement)

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“…The other group of labels (de facto, sociological) grasps the sociological understanding of authority in which authority becomes manifest in behavioural ways. We use the terms de jure authority and de facto authority to distinguish these two basic understandings on how authority becomes manifest (Green 2014;Alter et al 2016;Busch and Liese 2017). De jure recognition, on the one hand, captures the contractual or formal-legal understanding of the authority relationship, where the IO or its IPA are put "in authority" (Friedman 1990) by the subordinate actors.…”

Section: Comparing De Facto and De Jure Expert Authority Of Ipasmentioning

confidence: 99%

“…De facto authority, on the other hand, captures the sociological understanding of the authority relationship, where the IPA is made "an authority" (Friedman 1990). Recognition of and deference to the IPA needs to be observable in present behaviour (Alter et al 2016). An IPA, therefore, has de facto authority when it is observable that actors change or at least consider changing their behaviour based on requests of the IPA.…”

Section: Comparing De Facto and De Jure Expert Authority Of Ipasmentioning

confidence: 99%

“…De facto authority is the recognition of and deference to this authority in practice (Barnett and Finnemore 2004, p. 25). Scholars have long suspected that there might be gaps between the two forms of authority or that they are even unrelated (Hurd 2008;Alter et al 2016;Krisch 2017;Sending 2017). 2 To evaluate this argument, we ask: To what extent does IPAs' de facto expert authority conform with their de jure expert authority?…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Mind the Gap? Comparing De Facto and De Jure Expert Authority of International Public Administrations in Financial and Agricultural Policy

Busch

Heinzel

Kempken

et al. 2020

Journal of Comparative Policy Analysis: Research and Practice

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Many authors have argued that International Public Administration can influence policy-making through their expert authority. The article compares de jure and de facto expert authority of IPAs to evaluate their conformity. It comparatively assesses the two kinds of authority for five important IPAs (BIS, FAO, IMF, OECD and World Bank) active in agriculture or financial policy. It shows that, on average, de jure and de facto authority seem to conform. At the same time, it demonstrates that gaps between de jure and de facto authority exist at the level of the IPAs, the policy areas and the IPAs' addressees.

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Section: Comparing De Facto and De Jure Expert Authority Of Ipasmentioning

confidence: 99%

Section: Comparing De Facto and De Jure Expert Authority Of Ipasmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Mind the Gap? Comparing De Facto and De Jure Expert Authority of International Public Administrations in Financial and Agricultural Policy

Busch

Heinzel

Kempken

et al. 2020

Journal of Comparative Policy Analysis: Research and Practice

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show abstract

“…5 Also, the status of the ECtHR as an international court (IC) deserves special attention. According to Alter, Helfer, and Madsen (2016), the ultimate expression of a court's authority is that amongst the public, but this level of authority is exceedingly difficult for an IC to achieve, for a number of reasons. First, they tend to be newer institutions, and the newness of ICs in general as judicial institutions constitutes a significant challenge to the authority they can establish.…”

Section: Challenges In Cross-continental Grafting Of Socio-legal Schomentioning

confidence: 99%

The European Court of Human Rights at the grassroots level: who knows what about religion at the ECtHR and to what effects?

Fokas

2017

Religion, State and Society

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In the last 25 years, the European Court of Human Rights (ECtHR) has been increasingly addressing some of the most divisive religionrelated issues facing European societies. In the process, it has been setting from above certain parameters for religious pluralism in Europe. The present contribution draws on research designed to bring the Court's influence on religious pluralism into sharp focus, but from the ground up. We know more or less the direct effect of the Court in terms of implementation of its decisions. But we lack understanding of its indirect effects in terms of whether and how its case law mobilises grassroots actors (rights consciousness raising, agenda setting, bargaining 'in the shadow' of the Court). Such understanding presupposes insight into levels of awareness of the ECtHR and its religion-related case law: who knows what about religion at the ECtHR and to what effects? This contribution presents results of a study engaging social actors in four countries. ARTICLE HISTORY

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“…As international criminal law came into political and symbolic prominence again with the tribunal for the former Yugoslavia established in 1993, the establishment of other temporary tribunals and the creation of the ICC, new dynamics of legal and professional mobilization helped staff these courts and define their practices (Christensen, 2015). As legal professionals and academics flocked to the new courts, which have remained politically controversial as a highly contentious crystallization of wider social dynamics in which international courts proliferated (Alter et al, forthcoming;Madsen, 2013), they attracted the attention of social science that was itself influenced by processes of internationalization.…”

Section: Sociology Of the New International Criminal Courtsmentioning

confidence: 99%

The emerging sociology of international criminal courts: Between global restructurings and scientific innovations

Christensen

2015

Current Sociology

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Since the emergence of the idea of international criminal courts as a form of international governance between and after the two world wars, scholarly interest in the role and functionality of these institutions has been dominated by the academic disciplines of law and political science. Recently, this literature has been challenged and supplemented by an emerging sociology of international criminal courts. In contrast to previous scholarship, this sociology has taken the social dynamics that drive the development of these institutions as its object. More than simply responding to the international transformations that led to the resurgence of international criminal courts in the 1990s, the emerging sociology of these institutions was predicated on an epistemological break with previous forms of social science that created scientific innovations in the form of original research tools. Crucially, these innovations also made new types of international research objects visible to sociological scholarship. KeywordsInternational criminal courts, international criminal justice, international sociology, sociology of law In recent decades, international criminal courts have become a central part of international political and legal governance. The establishment of the ad hoc tribunals, beginning with the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994, initiated a

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How Context Shapes the Authority of International Courts

Cited by 12 publications

References 10 publications

Mind the Gap? Comparing De Facto and De Jure Expert Authority of International Public Administrations in Financial and Agricultural Policy

Mind the Gap? Comparing De Facto and De Jure Expert Authority of International Public Administrations in Financial and Agricultural Policy

The European Court of Human Rights at the grassroots level: who knows what about religion at the ECtHR and to what effects?

The emerging sociology of international criminal courts: Between global restructurings and scientific innovations

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