International judicial review plays a central role in constitutionalizing the global order as it opens up the possibility of reviewing the actions of states from a perspective of international constitutionality, based on rule of law and protection of rights considerations, rather than from a perspective of bilateral and private promises between states. International judicial review, however, exists in different forms and shades in international law. These range from human rights-based judicial review carried out by regional human rights courts to judicial review based on the rule of law requirements of free-trade exercised by the World Trade Organization. Standards of judicial review too are diverse, ranging from lenient to strict review. This chapter surveys the implications of emerging practices of international judicial review for global constitutionalism by focusing on the central differences between judicial review in domestic and international contexts, the diverse forms of judicial review exercised by courts on the international plane and the core objections to international judicial review by international courts.
This chapter reflects on how the concept of authority shapes the way we think about international law. The chapter argues that the concept of authority has been a placeholder for a wide range of concerns in international law scholarship, both normative and empirical. This is in part unsurprising, as authority has had a similar fate in other domains of inquiry. Given the contested nature of authority within and outside the discipline of international law, the chapter follows a dual strategy to unpack how the concept of authority informs international law thinking and critical engagement. It first visits how core features and boundaries of the concept of authority, with an emphasis on the secular authority of a sovereign and its laws have been debated outside of the discipline of international law in the neighbouring disciplines of political theory and sociology. Next it surveys the reception of the concept of authority within international law by highlighting the dominance of the domestic liberal analogy on the one hand and the normative–empirical divide in the use of the concept of authority on the other. In the final part the chapter focuses on the contemporary critical usage of authority in international law, marked by framing the authority of international law as ‘rising’ or ‘changing form’ in the international realm.