Download or read book International Courts and the Performance of International Agreements written by Clifford J. Carrubba and published by . This book was released on 2015 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Courts and the Performance of International Agreements written by Clifford J. Carrubba and published by Cambridge University Press. This book was released on 2015 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
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.
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.
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
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.
Download or read book Strengthening International Courts written by Leslie Johns and published by University of Michigan Press. This book was released on 2015-01-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of the ways in which the strength of international courts affects dispute settlement, compliance, and the stability of the international economic and political system
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.
Download or read book The Rules Practice and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2012-02-17 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Download or read book Assessing the Effectiveness of International Courts written by Yuval Shany and published by Oxford University Press. This book was released on 2014 with total page 354 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.
Download or read book Legitimacy and International Courts written by Harlan Grant Cohen 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: An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Download or read book The Development of International Law by the International Court written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 1982 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book appraises the international judicial process and will be of value to anyone interested in this subject.
Download or read book The Future of International Courts written by Taylor & Francis Group and published by Routledge. This book was released on 2021-12-13 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. 'The Future of International Courts' is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Download or read book International Court Authority written by Mikael Rask Madsen and published by Oxford University Press. This book was released on 2018-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
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.
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book The Performance of Africa s International Courts written by James Thuo Gathii and published by Oxford University Press. This book was released on 2020-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serves as a platform to galvanize resistance against continued authoritarian rule, especially from outside the conflict countries. Ultimately, the book shows that these courts must be judged against new and broader criteria, and understood as increasingly important venues for waging political, social, environmental, and legal struggles.
