Assessing The International Criminal Court With The Organizational Effectiveness Approaches
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Author | : Yuval Shany |
Publisher | : OUP Oxford |
Total Pages | : 354 |
Release | : 2014-01-31 |
Genre | : Law |
ISBN | : 0191640212 |
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.
Author | : Yuval Shany |
Publisher | : Oxford University Press, USA |
Total Pages | : 354 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199643296 |
During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Author | : Linda E. Carter |
Publisher | : Edward Elgar Publishing |
Total Pages | : 376 |
Release | : 2016-11-25 |
Genre | : Law |
ISBN | : 178471982X |
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
Author | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 894 |
Release | : 2020-02-24 |
Genre | : Law |
ISBN | : 0192558897 |
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author | : Carsten Stahn |
Publisher | : Oxford University Press, USA |
Total Pages | : 1441 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198705166 |
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author | : Nienke Grossman |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 1108540228 |
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.
Author | : Manfred Elsig |
Publisher | : Cambridge University Press |
Total Pages | : 469 |
Release | : 2017-04-27 |
Genre | : Business & Economics |
ISBN | : 1107193222 |
This book challenges our understanding of the true role and impact of the World Trade Organization.
Author | : Marlies Glasius |
Publisher | : Routledge |
Total Pages | : 177 |
Release | : 2006-03-29 |
Genre | : Law |
ISBN | : 1134315678 |
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Author | : Cesare Romano |
Publisher | : |
Total Pages | : 1074 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199660689 |
This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.
Author | : |
Publisher | : |
Total Pages | : 344 |
Release | : |
Genre | : Military art and science |
ISBN | : |