Assessing the Effectiveness of International Courts

Assessing the Effectiveness of International Courts
Title Assessing the Effectiveness of International Courts PDF eBook
Author Yuval Shany
Publisher OUP Oxford
Total Pages 360
Release 2014-01-30
Genre Law
ISBN 0191640220

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Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

Legitimacy and International Courts

Legitimacy and International Courts
Title Legitimacy and International Courts PDF eBook
Author Nienke Grossman
Publisher Cambridge University Press
Total Pages 397
Release 2018-02-22
Genre Law
ISBN 1108540228

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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals
Title The Performance of International Courts and Tribunals PDF eBook
Author Theresa Squatrito
Publisher Cambridge University Press
Total Pages 471
Release 2018-04-05
Genre Law
ISBN 1108425690

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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

The International Court of Justice and the Effectiveness of International Law

The International Court of Justice and the Effectiveness of International Law
Title The International Court of Justice and the Effectiveness of International Law PDF eBook
Author Philippe Couvreur
Publisher Martinus Nijhoff Publishers
Total Pages 277
Release 2016-12-15
Genre Law
ISBN 9004328866

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The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction.

Questions of Jurisdiction and Admissibility before International Courts

Questions of Jurisdiction and Admissibility before International Courts
Title Questions of Jurisdiction and Admissibility before International Courts PDF eBook
Author Yuval Shany
Publisher Cambridge University Press
Total Pages 185
Release 2016
Genre Law
ISBN 1107038790

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Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.

The Performance of Africa's International Courts

The Performance of Africa's International Courts
Title The Performance of Africa's International Courts PDF eBook
Author James Thuo Gathii
Publisher Oxford University Press, USA
Total Pages 385
Release 2020-11-26
Genre Law
ISBN 0198868472

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This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals
Title The Performance of International Courts and Tribunals PDF eBook
Author Theresa Squatrito
Publisher Cambridge University Press
Total Pages 471
Release 2018-04-05
Genre Law
ISBN 1108604889

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International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.