Document Type
Article
Publication Date
2019
Abstract
International law and dispute resolution mechanisms can do a lot to promote cooperation and build trust among nation-states by addressing and correcting implicit biases and cognitive errors that lead to global problems instead of believing that globalization and market forces are the primary contributors to these challenges. International legal systems can be the mechanism through which the international community creates conditions that facilitate international cooperation and collaboration. However, clear legal rules that set the framework for multinational and international cooperation may have to be introduced and implemented. While international courts and tribunals can promote multilateral and international cooperation by acknowledging and speaking about implicit biases and cognitive errors, it is also important that they be perceived to be socially and normatively legitimate and effective. Courts that interpret and apply international law must show their ability to address and correct implicit biases in nation-states that contribute towards antiglobalization, nationalism, and isolationism effectively. These institutions must be ultimately accountable to their larger regional and global community in order to establish legitimacy as international dispute-resolution bodies with jurisdiction over nation-states.
Recommended Citation
Alina Ng Boyte, Legitimacy in International Dispute Resolution in the Age of Anti-Globalization, Nationalism, and Isolationism: How Geographical and Legal Cultural Diversity on the International Bench Can Promote Regional and International Cooperation, 3 INT'l COMP., POLICY & ETHICS L. REV. 167 (2019).