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Assessing the Effectiveness of International Courts

International Courts and Tribunals Series

By (author) Yuval Shany
Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 30th Jan 2014
Dimensions: w 156mm h 234mm d 21mm
Weight: 659g
ISBN-10: 0199643296
ISBN-13: 9780199643295
Barcode No: 9780199643295
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Synopsis
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.

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In Assessing the Effectiveness of International Courts, Shany proposes an analytical framework for assessing the effectiveness of international courts. A critical insight that Shany's book offers is that traditional definitions of effectiveness in the literature of internationallaw contain an "Achilles heel". Indeed, Shany exposes the weaknesses of traditional monolithiceffectiveness analyses by encouraging us to zoom in on the context and nuances that those
traditional indicators hide. * Laurence Boisson de Chazournes, The American Journal of International Law * It will be apparent that Professor Shany's book is an extremely far-reaching and exhaustive study; and it is not possible, within the bounds of a brief review, to give more than some indication of the extensive research and carefully weighed conclusions that it contains ... For lawyers, ... particularly those concerned with the work of international courts, the great merit of the book is that it guides the reader to look beyond a courts judgments and opinions, and
form a realistic picture of the actual impact beyond the courtroom that these may make in Professor Shanys apt terminology (p. 53), to look beyond the output of the court, and discern and assess the outcome. * Hugh Thirlway, Formerly Principal Legal Secretary, International Court of Justice; Formerly Professor of International Law, Graduate Institute of International Studies, Geneva *