Research Handbook on International Courts and Tribunals
Show Less

Research Handbook on International Courts and Tribunals

Edited by William A. Schabas and Shannonbrooke Murphy

This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 12: Distribution

Michelle Farrell

Abstract

This chapter asks whether international courts and tribunals challenge or reinforce the distribution of international justice and, second, whether they achieve a transition from power-based to law-based international relations. It argues that actually international courts and tribunals are somewhat fetishized in the literature. They are burdened with high – often impossible – expectations. Their role, competences and capacity are often over inflated. International courts and tribunals do not simply challenge or reinforce the distribution of international justice – even the contention that they have a significant part to play in reviewing or determining this distribution exaggerates their role and their competences. This contention applies both to the procedural side of international justice – in terms of access to justice – and to the substantive side of international justice – the realization of substantive justice. The existing international legal order is characterized by radical and structural inequality in the distribution of international justice. International courts and tribunals are part of this international legal order and, therefore, from both institutional and political representation perspectives, are not in a position, and, at any rate, arguably, could not be in a position to challenge the existing order and bring about social or political change. KEYWORDS: international justice, global public goods, Rawls, cosmopolitanism, TWAIL.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.