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International courts and the jurisprudence of statehood

Besson, Samantha

In: Transnational Legal Theory, 2019, vol. 10, no. 1, p. 30-64

International courts (ICs) have not only been specifying States’ duties, but have also contributed to the definition of States themselves. The article focuses on the case-law of three ICs: the International Court of Justice qua generalist international law court, and its making of the ‘internationalised State’; the European Court of Human Rights qua regional human rights court, and its...