Effectiveness of International Adjudication

Max Planck Encyclopedia of International Procedural Law, September 2019

Posted: 9 Jun 2020

See all articles by Yuval Shany

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Date Written: 2019

Abstract

Effectiveness constitutes an evaluative framework for assessing performance against objective standards or expectations. When applied to international courts and tribunals, it normally implies an evaluation of judicial processes, outputs and outcomes against specific criteria such as planned length and cost of proceedings, expectations about judgment-compliance, etc. The precise meaning of effectiveness of international adjudication is, however, subject to academic debate, and the actual use of the terms by scholars, decision makers and adjudicators has been inconsistent. This Encyclopaedia entry discusses the different definitions of effectiveness of international adjudication and proposes relevant indicators for evaluating effectiveness, including compliance, impact of jurisprudence, docket, acceptance of jurisdiction, budgets and perceived legitimacy. It then offers some comments of the effectiveness of specific international courts.

Keywords: International Courts, International Adjudication, Compliance, Effectiveness, Legitimacy, Costs, Jurisdiction, Judicial Impact

JEL Classification: K33

Suggested Citation

Shany, Yuval, Effectiveness of International Adjudication (2019). Max Planck Encyclopedia of International Procedural Law, September 2019, Available at SSRN: https://ssrn.com/abstract=3601567

Yuval Shany (Contact Author)

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
972 2 5882541 (Phone)
972 2 5823042 (Fax)

Israel Democracy Institute ( email )

4 Pinsker St.
Jerusalem
Israel

HOME PAGE: http://www.idi.org.il

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
36
PlumX Metrics