In whose name?

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Since 1990, international courts have significantly increased their activity, marking a pivotal shift in international law with broad implications for governance and the legitimacy of these institutions. Traditionally viewed as mere instruments for dispute resolution, this perspective fails to acknowledge the multifaceted roles of international courts and the legitimacy challenges they face. This book introduces a public law theory of international adjudication, positing that international courts are multifunctional entities exercising public authority, thereby necessitating democratic legitimacy. The theory is built on three foundational elements: multifunctionality, the concept of international public authority, and democracy. It seeks to address the crucial question of legitimacy in international adjudication: in whose name do these courts operate? By examining the legitimacy issues surrounding international courts and reconstructing common critiques, the book develops a framework for understanding democracy in this context. Ultimately, it argues that international courts, often unknowingly, render decisions on behalf of the peoples and citizens of the international community, highlighting the need for a more nuanced understanding of their role and authority.