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Assessing The Effectiveness Of International Courts
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Book Synopsis Assessing the Effectiveness of International Courts by : Yuval Shany
Download or read book Assessing the Effectiveness of International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2014-01-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Assessing the Effectiveness of International Courts by : Yuval Shany
Download or read book Assessing the Effectiveness of International Courts written by Yuval Shany and published by . This book was released on 2014 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Book Synopsis Legitimacy and International Courts by : Nienke Grossman
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Performance of International Courts and Tribunals by : Theresa Squatrito
Download or read book The Performance of International Courts and Tribunals written by Theresa Squatrito and published by Cambridge University Press. This book was released on 2018-04-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Book Synopsis The International Court of Justice and the Effectiveness of International Law by : Philippe Couvreur
Download or read book The International Court of Justice and the Effectiveness of International Law written by Philippe Couvreur and published by Martinus Nijhoff Publishers. This book was released on 2016-12-15 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Performance of International Courts and Tribunals by : Theresa Squatrito
Download or read book The Performance of International Courts and Tribunals written by Theresa Squatrito and published by Cambridge University Press. This book was released on 2018-04-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Performance of Africa's International Courts by : James Thuo Gathii
Download or read book The Performance of Africa's International Courts written by James Thuo Gathii and published by Oxford University Press, USA. This book was released on 2020-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Questions of Jurisdiction and Admissibility before International Courts by : Yuval Shany
Download or read book Questions of Jurisdiction and Admissibility before International Courts written by Yuval Shany and published by Cambridge University Press. This book was released on 2016 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
Book Synopsis Research Handbook on International Courts and Tribunals by : William A. Schabas
Download or read book Research Handbook on International Courts and Tribunals written by William A. Schabas and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Book Synopsis International Courts and Tribunals by : William Schabas
Download or read book International Courts and Tribunals written by William Schabas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.
Book Synopsis Regulating Jurisdictional Relations Between National and International Courts by : Yuval Shany
Download or read book Regulating Jurisdictional Relations Between National and International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2009-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.
Book Synopsis Manual on International Courts and Tribunals by : Ruth Mackenzie
Download or read book Manual on International Courts and Tribunals written by Ruth Mackenzie and published by . This book was released on 2010 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.
Book Synopsis Transplanting International Courts by : Karen J. Alter
Download or read book Transplanting International Courts written by Karen J. Alter and published by Oxford University Press. This book was released on 2017-04-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system. Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.
Book Synopsis Selecting International Judges by : Ruth Mackenzie
Download or read book Selecting International Judges written by Ruth Mackenzie and published by Oxford University Press. This book was released on 2010-06-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.
Book Synopsis Compliance with Decisions of the International Court of Justice by : Constanze Schulte
Download or read book Compliance with Decisions of the International Court of Justice written by Constanze Schulte and published by . This book was released on 2004 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations.
Book Synopsis The Reception of International Law in the European Court of Human Rights by : Magdalena Forowicz
Download or read book The Reception of International Law in the European Court of Human Rights written by Magdalena Forowicz and published by . This book was released on 2010 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.
Book Synopsis International Trials and Reconciliation by : Janine Natalya Clark
Download or read book International Trials and Reconciliation written by Janine Natalya Clark and published by Routledge. This book was released on 2014-06-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
