Book

Assessing the Effectiveness of International Courts

Yuval Shany

Published in print January 2014 | ISBN: 9780199643295
Published online April 2014 | e-ISBN: 9780191749087 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199643295.001.0001

Series: International Courts and Tribunals Series

Assessing the Effectiveness of International Courts

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  • Public International Law
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Are international courts effective tools for international governance? Do they fulfil 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 Tribunals for Rwanda and Yugoslavia, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication.

Keywords: international courts; international governance; International Court of Justice; WTO; dispute settlement; Appellate Body; Rwanda; Yugoslavia; international adjudication

Book.  342 pages. 

Subjects: Public International Law ; Comparative Law

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Table of Contents

Introduction in Assessing the Effectiveness of International Courts

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A Goal-Based Approach to Effectiveness Analysis in Assessing the Effectiveness of International Courts

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The Goals of International Courts in Assessing the Effectiveness of International Courts

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Measuring Goal Attainment in Assessing the Effectiveness of International Courts

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Jurisdictional Powers and Issues of Admissibility in Assessing the Effectiveness of International Courts

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Judicial Independence and Impartiality in Assessing the Effectiveness of International Courts

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Judgment-Compliance in Assessing the Effectiveness of International Courts

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Legitimacy in Assessing the Effectiveness of International Courts

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The International Court of Justice in Assessing the Effectiveness of International Courts

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The WTO Dispute Settlement System in Assessing the Effectiveness of International Courts

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