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Vol 21 No 11 Nov/Dec 2016

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International Courts and the Performance of International Agreements: A General Theory with Evidence from the European Union


ISBN13: 9781107065727
Published: October 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £65.00



Despatched in 6 to 8 days.

Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are international courts?

This book proposes a general theory of international courts that assumes a court has no direct power over national governments. Member states are free to ignore both the international agreement and the rulings by the court created to enforce that agreement. The theory demonstrates that such a court can, in fact, facilitate cooperation with international law, but only within important political constraints.

The authors examine the theoretical argument in the context of the European Union. Using an original data set of rulings by the European Court of Justice, they find that the disposition of court rulings and government compliance with those rulings comport with the theory's predictions.

Subjects:
Public International Law
Contents:
1. Introduction: international courts and compliance
2. A theory of courts and compliance in international law
3. The empirical relevance of the theoretical model: evaluating the hypotheses in the European Union context
4. Preliminary considerations on testing the political-sensitivity hypothesis: designing a control for the legal merits
5. A test of the political-sensitivity hypothesis
6. A test of the conditional-effectiveness hypothesis: the European Court of Justice and economic integration
7. Conclusion.

Series: Comparative Constitutional Law and Policy

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Social and Political Foundations of Constitutions ISBN 9781107546080
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Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107546028
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Magna Carta and its Modern Legacy ISBN 9781107533103
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Constitutions and Religious Freedom ISBN 9781107041448
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Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781107031135
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Constitutionalism in Asia in the Early Twenty-first Century
Edited by: Albert Chen
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Comparative Constitutional Design ISBN 9781107665378
Published March 2014
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Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107039711
Published February 2014
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Social and Political Foundations of Constitutions ISBN 9781107032880
Published December 2013
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Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107026537
Published May 2013
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Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107693746
Published May 2013
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Comparative Constitutional Design ISBN 9781107020566
Published May 2012
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£84.99