The Effectiveness of International Adjudicators
Oxford Handbook of International Adjudication, Karen J. Alter, Cesare Romano and Yuval Shany, eds., 2013
19 Pages Posted: 28 Dec 2012 Last revised: 25 Dec 2014
Date Written: December 17, 2013
This chapter, forthcoming in the Oxford Handbook of International Adjudication, provides an analytical overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness effectiveness, evaluates the extent to which ICs anchor their judgments in domestic legal orders, enabling national actors to remedy potential treaty violations at home and avoid the need for international litigation. The fourth type, norm-development effectiveness, considers how IC decisions contribute to building a coherent body of international jurisprudence. For each dimension of effectiveness, the chapter reviews recent studies, identifies contested or under-analyzed issues, and suggests avenues for future research.
Keywords: international courts, international tribunals, international litigation, effectiveness, compliance, interpretation
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By Yuval Shany