Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights
<p>During the last decades, the predominant state-centric analysis of international relations has been challenged by the unexpected irruption of courts as game-changing actors: national and international courts have become the unexpected pitfall of national governments’ international agendas....
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| Format: | Thesis |
| Language: | English |
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2023
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| _version_ | 1811139282934431744 |
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| author | Lligadas González, G |
| author2 | Milewicz, K |
| author_facet | Milewicz, K Lligadas González, G |
| author_sort | Lligadas González, G |
| collection | OXFORD |
| description | <p>During the last decades, the predominant state-centric analysis of international relations has been challenged by the unexpected irruption of courts as game-changing actors: national and international courts have become the unexpected pitfall of national governments’ international agendas. While international courts’ potential to be international political actors has been traditionally acknowledged, national courts have a newly acquired leverage by collectively contradicting their governments’ policies, even in areas traditionally reserved to the executive action and precluded from judicial review (such as international security or foreign affairs), and such power can reshape the international order. My thesis is devoted to elucidating national and international courts’ collective potential as international political actors, this is as global trend-setters capable of changing the structural conditions for the international relations of states and international organizations, drawing from IR theory on norm-emergence, Legal Theory on fragmentation and Global Constitutionalism literature.</p>
<p>I posit that courts’ increased capacity as international political actors (“IPAs”) comes from <em>inter-judicial coordination</em>: a phenomenon in which courts from independent jurisdictions apply the same strategic approach to common rules in order to uphold a common stance regarding certain policies. In short, my argument is that, through inter-judicial coordination (that I define as a type of judicial dialogue), courts become international norm-entrepreneurs that create behavioral change in other IPAs and de-fragment the global legal order. Moreover, my thesis also enquires whether such structural change can amount to a constitutionalizing process capable of advancing the international rule of law: the expansion of judicial review to previously locked areas promotes the creation of a decentralized global system of checks and balances, while elevating the constitutional value of certain legal rules in the process of de-fragmentation and creating constitutional political norms or structures.</p> |
| first_indexed | 2024-09-25T04:03:37Z |
| format | Thesis |
| id | oxford-uuid:7553e47b-dbc5-432b-aed6-81cc65b2aa82 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-09-25T04:03:37Z |
| publishDate | 2023 |
| record_format | dspace |
| spelling | oxford-uuid:7553e47b-dbc5-432b-aed6-81cc65b2aa822024-05-14T09:11:29ZInter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rightsThesishttp://purl.org/coar/resource_type/c_db06uuid:7553e47b-dbc5-432b-aed6-81cc65b2aa82International law and human rightsJurisdiction (International law)International lawInternational RelationsInternational Legal TheorySanctions (International law)International regimesEnglishHyrax Deposit2023Lligadas González, GMilewicz, KStimmer, A<p>During the last decades, the predominant state-centric analysis of international relations has been challenged by the unexpected irruption of courts as game-changing actors: national and international courts have become the unexpected pitfall of national governments’ international agendas. While international courts’ potential to be international political actors has been traditionally acknowledged, national courts have a newly acquired leverage by collectively contradicting their governments’ policies, even in areas traditionally reserved to the executive action and precluded from judicial review (such as international security or foreign affairs), and such power can reshape the international order. My thesis is devoted to elucidating national and international courts’ collective potential as international political actors, this is as global trend-setters capable of changing the structural conditions for the international relations of states and international organizations, drawing from IR theory on norm-emergence, Legal Theory on fragmentation and Global Constitutionalism literature.</p> <p>I posit that courts’ increased capacity as international political actors (“IPAs”) comes from <em>inter-judicial coordination</em>: a phenomenon in which courts from independent jurisdictions apply the same strategic approach to common rules in order to uphold a common stance regarding certain policies. In short, my argument is that, through inter-judicial coordination (that I define as a type of judicial dialogue), courts become international norm-entrepreneurs that create behavioral change in other IPAs and de-fragment the global legal order. Moreover, my thesis also enquires whether such structural change can amount to a constitutionalizing process capable of advancing the international rule of law: the expansion of judicial review to previously locked areas promotes the creation of a decentralized global system of checks and balances, while elevating the constitutional value of certain legal rules in the process of de-fragmentation and creating constitutional political norms or structures.</p> |
| spellingShingle | International law and human rights Jurisdiction (International law) International law International Relations International Legal Theory Sanctions (International law) International regimes Lligadas González, G Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title | Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title_full | Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title_fullStr | Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title_full_unstemmed | Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title_short | Inter-judicial coordination, global de-fragmentation and global constitutionalism; courts as international political actors and their impact on human and fundamental rights |
| title_sort | inter judicial coordination global de fragmentation and global constitutionalism courts as international political actors and their impact on human and fundamental rights |
| topic | International law and human rights Jurisdiction (International law) International law International Relations International Legal Theory Sanctions (International law) International regimes |
| work_keys_str_mv | AT lligadasgonzalezg interjudicialcoordinationglobaldefragmentationandglobalconstitutionalismcourtsasinternationalpoliticalactorsandtheirimpactonhumanandfundamentalrights |