Critical junctures and the future of international courts in a post-liberal world order

Karen J. Alter*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

7 Scopus citations

Abstract

This chapter introduces the concept of a ‘critical juncture’, and explains that critical junctures can produce fundamental change, but they can fail to produce fundamental change. It examines the critical juncture concept to think about the future of international courts (IC). The chapter explores why the international legal order is likely to weather the critical juncture. It argues that the liberal idea of a rule of law is an antecedent condition that is being called into question. International courts have, historically, been institutional beneficiaries of critical junctures. ICs developed and flourished as part of the international liberal order, and the legal rules that ICs most often adjudicate tend to be associated with the priorities and values of the international liberal order. Historical institutionalism teaches that institutions are sticky - particular policies and institutions may recede in importance but institutions are seldom dismantled. International courts are sleeper institutions that wait to be activated by litigants.

Original languageEnglish (US)
Title of host publicationThe Future of International Courts
Subtitle of host publicationRegional, Institutional and Procedural Challenges
PublisherTaylor and Francis
Pages8-34
Number of pages27
ISBN (Electronic)9780429872174
ISBN (Print)9780429463280
DOIs
StatePublished - Jan 1 2019

ASJC Scopus subject areas

  • General Social Sciences

Fingerprint

Dive into the research topics of 'Critical junctures and the future of international courts in a post-liberal world order'. Together they form a unique fingerprint.

Cite this