Overview

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.

Full Product Details

Author:   Yuval Shany (Hersch Lauterpacht Chair in Public International Law, Hersch Lauterpacht Chair in Public International Law, Hebrew University, Jerusalem)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.70cm , Length: 24.00cm
Weight:   0.676kg
ISBN:  

9780199643295

ISBN 10:   0199643296
Pages:   344
Publication Date:   30 January 2014
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

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

Reviews

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

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 *

It will be apparent that Professor Shanys 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

Author Information

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.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions