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  4. Global Law Entrepreneurs: Non-Governmental Organizations As Amici Curiae In International Law-Making

Global Law Entrepreneurs: Non-Governmental Organizations As Amici Curiae In International Law-Making

File(s)
ad445.pdf (1.32 MB)
Permanent Link(s)
https://hdl.handle.net/1813/34193
Collections
Cornell Theses and Dissertations
Author
Dolidze, Anna
Abstract

Increased participation of non-governmental organizations (NGOs) in international lawmaking is hardly questioned in scholarship. NGOs use different means to affect international lawmaking, including acting as complainants and providing legal advice to the petitioners. However, in what particular way do NGOs influence international lawmaking? The dissertation answers this question by examining how NGOs utilize the procedural instrument of amicus curiae intervention before international tribunals. The dissertation shows that amicus curiae interventions by NGOs have become commonplace in international adjudication. In general, amicus curiae participation procedure serves as a legitimacy-enhancing mechanism for international tribunals. Scholars agree that in order to maintain legitimacy the international tribunals must stay cognizant of the values and preferences of stakeholders. Amicus intervention procedure is one of the mechanisms through which tribunals gather information about the values and attitudes of constituencies and communities subject to their lawmaking. Moreover, NGOs as amicus interveners act as "global law entrepreneurs": they provide the tribunals with information as well as continuously support international lawmaking and advocate for its expansion.

Date Issued
2013-08-19
Keywords
International Law
•
NGOs
•
Tribunals
•
Amicus Curiae
•
Norms
•
European Court of Human Rights
Committee Chair
Ndulo, Muna B.
Committee Member
Lasser, Mitchel
Tarrow, Sidney G
Degree Discipline
Law
Degree Name
J.S.D., Law
Degree Level
Doctor of Science of Law
Type
dissertation or thesis

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