Sociology of International Adjudication

TY - CHAP

T1 - Sociology of International Adjudication

AU - Caserta, Salvatore

AU - Madsen, Mikael Rask

PY - 2019

Y1 - 2019

N2 - This article presents the ways in which classical sociological theories cab help unpack how international courts operate and how their adjudicative practices are in part steered by social and political structures. The main focus is on classic sociological theories, respectively Weberian interpetivist, Durkheimian functionalist, and Marxist and post-Marxist critical perspectives. In order to demonstrate how these sociological perspectives are relevant for the study of international adjudication, the article applies their tenets to a different set of international courts, including the European Court of Human Rights (ECtHR), the Inter-American Court of Human rights (IACtHR), the Caribbean Court of Justice (CCJ), the entral American Court of Justice (CACJ), the Court of Justice of the European Union (CJEU) and the East African Court of Justice (EACJ).

AB - This article presents the ways in which classical sociological theories cab help unpack how international courts operate and how their adjudicative practices are in part steered by social and political structures. The main focus is on classic sociological theories, respectively Weberian interpetivist, Durkheimian functionalist, and Marxist and post-Marxist critical perspectives. In order to demonstrate how these sociological perspectives are relevant for the study of international adjudication, the article applies their tenets to a different set of international courts, including the European Court of Human Rights (ECtHR), the Inter-American Court of Human rights (IACtHR), the Caribbean Court of Justice (CCJ), the entral American Court of Justice (CACJ), the Court of Justice of the European Union (CJEU) and the East African Court of Justice (EACJ).

M3 - Book chapter

BT - Max Planck Encyclopedia of International Procedural Law

ER -