New book published:

International Judicial Legitimacy: New Voices and Approaches

Edited by Hélène Ruiz Fabri, André Nunes Chaib, Ingo Venzke, Armin von Bogdandy

24 July 2020

The Editors are pleased to announce that International Judicial Legitimacy: New Voices and Approches has now been published via online open access on the Nomos website.

The contents of the book, wich can be downloaded by individual chapter or in its entirety, can be found at this link:




This book is the outcome of a joint collaboration between the Max Planck Institutes from Heidelberg and Luxembourg. Following the workshops, the outcomes of our inter-institutional discussions were taken further in writing. Generally speaking, the topic of our discussions was not all-together new, to be sure. The legitimacy of international institutions, more specifically international courts, has been scrutinized for quite a while. However, our volume is particularly interesting because it showcases a variety of new approaches, mostly from younger scholars, on how to tackle the issue. The focus of the project also changed over time. It became an opportunity to debate and elaborate on how to justify the legitimacy of specific international courts; and also to investigate how, given the issues being dealt with by international courts, particular elements of legitimacy ought to be brought into discussion. The result was an astonishing collection dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of the times in which we live. The author focuses on issues of international dispute settlement, in Luxembourg and Heidelberg.


Table of Contents

Hélène Ruiz Fabri &André Nunes Chaib
Democratic Legitimacy and Non-Majoritarian Institutions: Reflections on the Functional and Democratic Legitimacy of International Adjudicative Bodies and Independent Regulatory Agencies
Alain Zamaria
In Nobody's Name: A Checks and Balances Approach to International Judicial Independence
Aida Torres Pérez
Not in the Name of the “Other”: The Democratic Concept of International Adjudication through the Looking Glass
Parvathi Menon
Courtspeak: A Method to Read the Argumentative Structure Employed by the International Court of Justice in its Judgments and Advisory Opinions
Lorenzo Gasbarri
International Public Authority in Perspective: Comparing the Roles of Courts and International Organizations in Democratizing International Law
André Nunes Chaib
The Dispute Settlement Function of the International Court of Justice in Croatia v. Serbia
Cecily Rose
The Public Authority of the International Tribunal for the Law of the Sea
Lan Ngoc Nguyen
Not in My Name! Claudia Pechstein and the Post-Consensual Foundations of the Court of Arbitration for Sport
Antoine Duval
Re-Imagined Communities: The WTO Appellate Body and the Communitization of WTO Law
Geraldo Vidigal
The Democracy We Want: Standards of Review and Democratic Embeddedness at the Inter-American Court of Human Rights
Rene Urueña
In the name of the European Union, the Member States and/or the European citizens?
Freya Clausen
In the Name of the European Club of Liberal Democracies: On the Identity, Mandate and National Buffering of the ECtHR's Case Law
Armin von Bogdandy & Laura Hering