Between Fragmentation and Democracy
The Role of National and International Courts

This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.

Eyal Benvenisti (Author), George W. Downs (Author)

9781108416870, Cambridge University Press

Hardback, published 31 August 2017

244 pages
23.5 x 15.8 x 1.6 cm, 0.52 kg

Between Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.

Acknowledgments
1. Introduction
2. International political economy and the fragmentation of international law
3. The impact of domestic politics on global fragmentation
4. The brittle independence of international tribunals and its effects on fragmentation
5. The emergence of interjudicial cooperation among national courts
6. Interjudicial cooperation and the potential for democratization of the global regulatory sphere
7. How global judicial 'countermajoritarianism' can enhance democracy and inclusion
Postscript
Table of cases
Bibliography.

Subject Areas: International courts & procedures [LBHG], Public international law [LBB], International law [LB]