Compliance with Judgments of International Courts
Author: Mielle K. Bulterman
Publisher: Martinus Nijhoff Publishers
Published: 1996
Total Pages: 172
ISBN-13: 9041101578
DOWNLOAD EBOOK →10. List of Sponsors.
Author: Mielle K. Bulterman
Publisher: Martinus Nijhoff Publishers
Published: 1996
Total Pages: 172
ISBN-13: 9041101578
DOWNLOAD EBOOK →10. List of Sponsors.
Author: Theresa Squatrito
Publisher: Cambridge University Press
Published: 2018-04-05
Total Pages: 471
ISBN-13: 1108425690
DOWNLOAD EBOOK →Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author: Constanze Schulte
Publisher:
Published: 2004
Total Pages: 530
ISBN-13:
DOWNLOAD EBOOK →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.
Author: M.K. Bulterman
Publisher: BRILL
Published: 2023-11-27
Total Pages: 184
ISBN-13: 9004637133
DOWNLOAD EBOOK →The symposium Compliance with Judgments of International Courts was held in Leiden on 7 October 1994, on the occasion of the presentation of a Liber Amicorum to Professor Henry G. Schermers. The subject, Compliance with Judgments of International Courts, was discussed by eminent speakers of the International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Communities. The topic is one of great practical importance and an almost undeveloped area of jurisprudence. While most national legal orders employ centralized mechanisms for the enforcement of judgments, such mechanisms are generally lacking at the international level. This raises particular problems which were highlighted during the symposium. The contributions of individual speakers as well as the discussions during the conference are incorporated in this book. The different contexts in which the three international courts are faced with the problem of compliance, and the different experiences of the courts in regard to compliance with their judgments, provide an opportunity to compare and to learn. Discussion on a subject of such practical importance constitutes a small but valuable contribution to the development of general international law.
Author: Clifford J. Carrubba
Publisher: Cambridge University Press
Published: 2015
Total Pages: 253
ISBN-13: 1107065720
DOWNLOAD EBOOK →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.
Author: Nienke Grossman
Publisher: Cambridge University Press
Published: 2018-02-22
Total Pages: 397
ISBN-13: 1108540228
DOWNLOAD EBOOK →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.
Author: Tullio Treves
Publisher: Cambridge University Press
Published: 2005
Total Pages: 348
ISBN-13: 9789067041867
DOWNLOAD EBOOK →With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.
Author: James Thuo Gathii
Publisher: Oxford University Press, USA
Published: 2020-11-26
Total Pages: 385
ISBN-13: 0198868472
DOWNLOAD EBOOK →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.
Author: Yuval Shany
Publisher: OUP Oxford
Published: 2014-01-31
Total Pages: 360
ISBN-13: 0191640212
DOWNLOAD EBOOK →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.
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
Published: 2014-02-10
Total Pages: 207
ISBN-13: 1107040221
DOWNLOAD EBOOK →International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.