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Assessing the Effectiveness of International Courts


ISBN13: 9780198794318
Published: August 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £40.49
Hardback edition , ISBN13 9780199643295



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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 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.

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.

Subjects:
Public International Law, Courts and Procedure
Contents:
Introduction

PART I: THE GOAL-BASED APPROACH
1. The Effectiveness Model
2. The Goals of International Courts
3. Measuring Goal-Attainment

PART II: APPLICATION OF THE GOAL-BASED APPROACH TO JUDICIAL FUNCTIONS AND FEATURES
4. Jurisdictional Powers
5. Judicial Independence and Impartiality
6. Judicial Legitimacy
7. Norm Compliance
8. Contextual Factors

PART III: APPLICATION OF THE GOAL-BASED APPROACH TO SPECIFIC COURTS
9. International Court of Justice
10. WTO Dispute Settlement Mechanism
11. International Criminal Tribunals for Yugoslavia and Rwanda
12. European Court of Human Rights
13. European Court of Justice

Conclusions

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
To be published August 2042
Oxford University Press
£70.00
Identity and Diversity on the International Bench: Who is the Judge?
Edited by: Freya Baetens
ISBN 9780198870753
Published December 2020
Oxford University Press
£117.50
International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
Published October 2020
Oxford University Press
£99.00
International Court Authority ISBN 9780198795599
Published July 2018
Oxford University Press
£39.49
International Court Authority ISBN 9780198795582
Published July 2018
Oxford University Press
£112.50
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£51.00
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£40.49
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£95.83
(ePub)
Buy
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£137.50
£42.50
(ePub)
Buy
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£145.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£33.74
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£145.00
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£145.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£100.00
(ePub)
Buy
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£96.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£30.41
(ePub)
Buy
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£122.50
£140.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£69.00
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£127.50
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£82.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£207.50
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£78.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£54.00