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Assessing the Effectiveness of International Courts

Assessing the Effectiveness of International Courts

Author: Yuval Shany
Publisher: Oxford University Press
ISBN: 9780198794318

Published In: August 2016
Format: Hardback , 352 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780199643295

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Description
Contents
Author

Details

Provides a thorough analysis of how effective the key international courts have been in meeting their goals
Develops indicators by which the effectiveness of international courts can be empirically judged
Assesses the roles that jurisdiction, judicial independence, legitimacy, and compliance play in achieving judicial effectiveness
Offers detailed analysis of 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

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.

Readership: Scholars and students in the field of public international law and international dispute settlement, and international relations; International legal practitioners

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: Yuval Shany and Rotem Giladi: International Court of Justice
10: Yuval Shany and Sivan Shlomo: WTO Dispute Settlement Mechanism
11: Yuval Shany and Gilad Noam, Erin Gray-Goldbarsht, and Sigall Horovitz: International Criminal Tribunals for Yugoslavia and Rwanda
12: Yuval Shany and Gilad Noam: European Court of Human Rights
13: Yuval Shany and Thorbjorn Bjornsson: European Court of Justice
Conclusions

Yuval Shany, Hersch Lauterpacht Chair in Public International Law, Hebrew University, Jerusalem

Prof. Yuval Shany is the Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as the academic director of the Minerva Center for Human Rights, a director in the International Law Forum at the Hebrew University, and the Project on International Courts and Tribunals (PICT) and a member of the steering committee of the DOMAC project (assessing the impact of international courts on domestic criminal procedures in mass atrocity cases). Shany has degrees in law from the Hebrew University (LL.B, 1995 cum laude), New York University (LL.M., 1997), and the University of London (Ph.D., 2001) and he has published a number of books and articles on international courts and arbitration tribunals and other international law issues such as international human rights and international humanitarian law.

Contributors:
All contributors affiliated to the Hebrew University, Jerusalem
Thorbjorn Bjornsson
Rotem Giladi
Erin Gray-Goldbarsht
Sigall Horovitz
Gilad Noam
Sivan Shlomo