The New Terrain of International Law: Courts, Politics, Rights.
Dutton, Yvonne
The New Terrain of International Law: Courts, Politics, Rights. By
Karen J. Alter. Princeton: Princeton University Press, 2014.
In her new book, Karen J. Alter challenges the premise that
international courts (ICs) are merely "cipher[s] of state
interests" (p. 19) and cannot positively influence domestic and
international politics. Although ICs are not backed by a central
enforcer (pp. xviii, 3), Alter argues that they now have
"new-style" design features (pp. 6-8) that permit them to have
a greater impact (p. 5). Specifically, new-style ICs have compulsory
jurisdiction (pp. 5, 68), meaning that cases will proceed despite the
reluctance of the defendant state and that ICs will have "more
opportunities to shift the meaning of the law in ways the defendant
government may dislike but that individuals, groups, and other
governments may actually prefer" (p. 7). New-style ICs also permit
nonstate actors to initiate litigation (pp. 5, 68), a feature that not
only makes litigation more likely, but also enhances the IC's
independence from governments (p. 7). These features increase the
prospect of litigation, but how do they translate into compliance and
positive change? The short answer is: with the help of "compliance
constituencies"--actors who support the ICs' rulings and use
their leverage to produce compliance (p. 19). For example, in the case
of the World Trade Organization, the compliance constituency may be the
states that are legally authorized to retaliate against states that
violate rulings (p. 21).
Alter uses eighteen case studies of ICs in action (all litigated
cases where the defendant lost) to explore her broad claim and whether
and under what circumstances ICs are able to meaningfully influence
governments (p. 24). The case studies are rich in detail and demonstrate
that ICs are issuing decisions that affect both domestic and
international politics. This intriguing and comprehensive book should be
of interest to international relations scholars as well as anyone
interested in international courts. Reviewed by Yvonne Dutton
