Compliance with Judgments of International Courts

Compliance with Judgments of International Courts

Author: M.K. Bulterman

Publisher: BRILL

Published: 2023-11-27

Total Pages: 184

ISBN-13: 9004637133

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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.


The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals

Author: Theresa Squatrito

Publisher: Cambridge University Press

Published: 2018-04-05

Total Pages: 471

ISBN-13: 1108425690

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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.


Legitimacy and International Courts

Legitimacy and International Courts

Author: Nienke Grossman

Publisher: Cambridge University Press

Published: 2018-02-22

Total Pages: 397

ISBN-13: 1108540228

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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.


International Law in Domestic Courts

International Law in Domestic Courts

Author: André Nollkaemper

Publisher:

Published: 2018

Total Pages: 769

ISBN-13: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.


Improving Compliance with International Law

Improving Compliance with International Law

Author: Roger Fisher

Publisher:

Published: 1981

Total Pages: 392

ISBN-13:

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Monograph on law enforcement of national level compliance with international law - considers conventional law enforcement theory based on sanctions as a means of international dispute settlement and encouraging compliance but suggests international agreements and treatys, reciprocal reaction to noncompliance, enlightened self- interest and integration of international law into national legislation are more effective, and looks at the role of international organizations and international and domestic courts. References.


Assessing the Effectiveness of International Courts

Assessing the Effectiveness of International Courts

Author: Yuval Shany

Publisher: OUP Oxford

Published: 2014-01-31

Total Pages: 354

ISBN-13: 0191640212

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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.


The Performance of Africa's International Courts

The Performance of Africa's International Courts

Author: James Thuo Gathii

Publisher: Oxford University Press, USA

Published: 2020-11-26

Total Pages: 385

ISBN-13: 0198868472

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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.