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Assessing the Effectiveness of International Courts

Yuval Shany author

Format:Hardback

Publisher:Oxford University Press

Published:30th Jan '14

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Assessing the Effectiveness of International Courts cover

Over the past two decades, there has been a notable increase in international courts and tribunals. This book evaluates their effectiveness by comparing stated goals with actual outcomes and analyzing key indicators.

Assessing the Effectiveness of International Courts examines the significant increase in the number of international courts and tribunals over the past two decades, along with their expanding jurisdictions. The author employs social science methodologies to evaluate the effectiveness of these institutions and critically assesses their performance against the expectations that led to their establishment. The book poses essential questions about the role of international courts in governance and explores why some courts seem to be more effective than others.

The first section of the book focuses on the theoretical framework and methodology used to measure effectiveness. It outlines a model that incorporates various components, addresses its potential and limitations, and discusses the challenges involved in measuring effectiveness in the context of international law. By providing a structured approach, the author sets the stage for a deeper understanding of how these courts operate and the criteria by which their success can be judged.

In the subsequent parts, the book analyzes various indicators such as jurisdiction, judicial independence, legitimacy, and compliance, which are crucial for achieving effectiveness. The author applies the effectiveness model to a range of prominent institutions, including the International Court of Justice and the European Court of Human Rights, showcasing the diversity within the field of international adjudication. By comparing stated goals with actual outcomes, this work contributes valuable insights into the impact and significance of international courts and tribunals in contemporary governance.

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 Law30/04/2015 *
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 *

ISBN: 9780199643295

Dimensions: 240mm x 163mm x 27mm

Weight: 676g

344 pages