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- Title
Nonparticipation and Perceptions of Legitimacy.
- Authors
Oxman, Bernard H.
- Abstract
The view that participation by the respondent state enhances the perceived legitimacy of international judicial or arbitral proceedings may play a significant role in a decision not to participate. Such a decision may be prompted by political rather than legal considerations. The object of nonparticipation may be to facilitate exercise of a political option of noncompliance with the judgment or award, notwithstanding prior agreement that it is legally binding. If so, then the basic issue is not nonparticipation as such, but rather noncompliance with a legally binding award or judgment, as well as a legally binding commitment to arbitrate or adjudicate disputes. This raises fundamental questions regarding the role of legitimacy, and indeed the rule of law, in international affairs.
- Subjects
LEGITIMACY of governments; INTERNATIONAL arbitration; INTERNATIONAL courts; RULE of law; JURISDICTION; ARBITRATORS; CARON, David D.
- Publication
Berkeley Journal of International Law, 2019, Vol 37, Issue 2, p81
- ISSN
1085-5718
- Publication type
Article
- DOI
10.15779/Z389W0901J