Dothan: Three Paradigms of International Judicial Review

Shai Dothan (Univ. of Copenhagen - Law) has posted Three Paradigms of International Judicial Review (in The Most Impeded Branch?: Courts and Judicial Review in Theoretical and Comparative Perspectives, Christoph Bezemek & Yaniv Roznai eds., forthcoming). Here's the abstract:

The forms of intervention of international courts in domestic affairs could be divided to three broad paradigms: (1) the Westphalian Paradigm (2) the Hierarchical Paradigm (3) the Network Paradigm. According to the Westphalian Paradigm, the role of international courts is to coordinate the interactions of sovereign states. According to the Hierarchical Paradigm, international courts initiate social change by issuing judgments that require states to amend their practices. Naturally, under this paradigm, courts are concerned about their ability to secure compliance with their judgments, but also about the legitimacy of their decisions and their ability to make good policy stipulations. According to the Network Paradigm, international courts are embedded within a vast web of actors with different interests. This chapter will survey the three different paradigms of international judicial review and demonstrate the unique considerations international courts need to take into account under every paradigm.