Theorizing the Judicialization of International Relations

摘要: This article introduces a Thematic Section and theorizes the multiple ways that judicializing international relations shifts power away from national executives legislatures toward litigants, judges, arbitrators, other nonstate decision-makers. We identify two preconditions for judicialization to occur—(1) delegation an adjudicatory body charged with applying designated legal rules, (2) rights-claiming by actors who bring—or threaten bring—a complaint one or more of these bodies. classify bodies do not contribute relations, including but limited courts. then explain how initiates process authoritatively determining past violations law, identifying remedies those violations, preventing future violations. Because occurs in phases, locations, involves as decision-makers, governments often control timing, nature, extent which political policy decisions are adjudicated. Delegation—and associated choice institutional design features—is thus only first step chain processes determine diverse array influence politically consequential decisions.