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Shai Dothan
Shai Dothan
12 episodes
1 week ago
Associate Professor of International and Public Law, Jean Monnet Chair in EU law & Politics, at Copenhagen University Faculty of Law at iCourts. Shai received his PhD, LLM, and LLB from Tel Aviv University. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts, Cambridge University Press (2015) and International Judicial Review: When Should International Courts Intervene? Cambridge University Press (2020).
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Social Sciences
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Associate Professor of International and Public Law, Jean Monnet Chair in EU law & Politics, at Copenhagen University Faculty of Law at iCourts. Shai received his PhD, LLM, and LLB from Tel Aviv University. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts, Cambridge University Press (2015) and International Judicial Review: When Should International Courts Intervene? Cambridge University Press (2020).
Show more...
Social Sciences
Science
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Shai Dothan: International Judicial Review, Chapter 4.
Shai Dothan
10 minutes 28 seconds
4 years ago
Shai Dothan: International Judicial Review, Chapter 4.

Chapter 4 replies to the argument that international courts who decide important policy decisions take them off the public agenda and therefore stifle public debate. The chapter explains that an international judgment is often just the entry point into a public discussion and a dialogue with the relevant authorities. In fact, the ensuing public deliberation may be superior to what would happen absent international courts' intervention. International courts shift the discussion from interests and naked power to rights, and they change the social settings in a way that processes and disseminates information well to wider segments of the public. International courts create friction with the executive, guide the legislator, and can help the national judiciary, all leading to a more vibrant debate. Finally, international courts provide numerous lawyers with vital training that they can use to better the public discourse. This separate paper describes the key arguments in the chapter: https://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=2968850

Shai Dothan
Associate Professor of International and Public Law, Jean Monnet Chair in EU law & Politics, at Copenhagen University Faculty of Law at iCourts. Shai received his PhD, LLM, and LLB from Tel Aviv University. He is the author of Reputation and Judicial Tactics: A Theory of National and International Courts, Cambridge University Press (2015) and International Judicial Review: When Should International Courts Intervene? Cambridge University Press (2020).