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The New Terrain of International LawCourts, Politics, Rights$
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Karen J. Alter

Print publication date: 2014

Print ISBN-13: 9780691154749

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691154749.001.0001

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World History and the Evolving International Judiciary

World History and the Evolving International Judiciary

Chapter:
(p.112) Chapter 4 World History and the Evolving International Judiciary
Source:
The New Terrain of International Law
Author(s):

Karen J. Alter

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691154749.003.0004

This chapter addresses the question of why states become increasingly willing to submit to international judicial oversight, highlighting how legal practice has changed and how international law has increasingly become embedded into domestic law and institutions. Although the same fundamental motive drives delegation to courts across time, key historical events have been needed to increase bottom-up demands and make governments and legislatures open to accepting greater international judicial oversight. At the end of World War II, governments were able to reject proposals for compulsory international judicial oversight of their behavior. Changes in legal practice in the United States and Europe during and after the Cold War meant that foreign legal and quasi-legal bodies increasingly adjudicated allegations of economic and human rights violations abroad.

Keywords:   international judiciary, legal practice, international law, domestic law, governments, World War II, Cold War, human rights

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