International Courts
A Theoretical Assessment
Bibliographic Data
| ID | 6232855 |
|---|---|
| Authors | Clifford J Carrubba (0000-0001-6397-7343, Emory University), Matthew Gabel (Department of Political Science, Washington University, St. Louis, Missouri 63130), Matthew J Gabel (0000-0001-6886-2828, Washington University in St. Louis) |
| Year | 2017 |
| Volume | 20 |
| Issue | 1 |
| Pages | 55-73 |
| Publication date | 2017-05-11 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Annual Review of Political Science (BOOK_SERIES) |
| Journal identifiers | ISSN: 1094-2939 • E-ISSN: 1545-1577 |
| Publisher | Annual Reviews (PUBLISHER • US) |
| DOI | 10.1146/annurev-polisci-051215-022917 |
| OpenAlex | W2510967131 |
| Language | EN |
| Citations received | 13 |
| References cited | 60 |
Scholars have long been fascinated by the role of international courts in the enforcement of international rule of law. They start with a foundational question: Can international courts affect how international law is implemented? In this review, we lay out four of the most common theoretical arguments for why international courts matter. We then interrogate these accounts. In particular, we examine their views on how much influence courts have and what the likely welfare consequences are for the signatories of an agreement. In so doing, we identify critical conditions that must obtain for court influence under each of the arguments. We then bring more recent scholarship to bear on the plausibility of these conditions. In particular, we examine what research on the structure of law, the preferences of judges, and institutional design implies about the efficacy of international courts based on the four foundational arguments. We conclude with suggestions for future research
Enforcement · International law · Law and economics · Political science · Scholarship · Sociology · European and International Law Studies · International Arbitration and Investment Law · Judicial and Constitutional Studies · Law
Between Forbearance and Audacity
Rhetoric and Reality
Do Citizens in Backsliding Democracies Support International Courts’ Judicial Power? Evidence from Hungary
Compliance in Time
Improving the efficiency of pretrial bargaining in disputes over noncompliance with international law
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
The evolution of European Union law
When does the European Commission Pursue Noncompliance
The Politics of International Oversight
Unsolicited justice
The political economy of noncompliance in customs unions
When does the EU commission listen to experts? Analysing the effect of external compliance assessments on supranational enforcement in the EU
Too Many Cooks
Justice Contained
The Engines of European Integration
The New Terrain of International Law
The Politics of Constitutional Review in Germany
The New Sovereignty
The Transformation of Europe
A Compliance-Based Theory of International Law
A positive theory of statutory interpretation
Establishing the Supremacy of European Law
Mobilizing for Human Rights
Why Adjudicate? Enforcing Trade Rules in the WTO
The ‘National Decisions’ database (Dec.Nat)
Legislative-Judicial Relations
Constitutional Review and the Selective Promotion of Case Results
The Promise of Institutionalist Theory
Improving Compliance with International Law
The European Union's Legal System and Domestic Policy
The Origins of Human Rights Regimes
The European Court of Justice, National Governments, and Legal Integration in the European Union
The Politics of International Judicial Appointments
Explaining Variation in the Use of European Litigation Strategies
Judicial Influence on Policy Outputs? The Political Constraints of Legal Integration in the European Union
Precedent in International Courts
Constructing a Supranational Constitution
The Impartiality of International Judges
Understanding the Role of the European Court of Justice in European Integration
The European Court of Justice, State Noncompliance, and the Politics of Override
Do ECJ judges all speak with the same voice? Evidence of divergent preferences from the judgments of chambers
Executive Discretion, Judicial Decision Making, and Separation of Powers in the United States
The Effectiveness of International Arbitration and Adjudication
Of Courts and Commerce
Courts and Compliance in International Regulatory Regimes
Depth versus rigidity in the design of international trade agreements
Strengthening International Courts and the Early Settlement of Disputes
Courts as Coordinators
Decisions to Use the International Court of Justice
What Is Litigation in the World Trade Organization Worth
The Optimal Design of International Trade Institutions
Legalized Dispute Resolution
The Concept of Legalization
On compliance
Judicial Independence and Political Uncertainty
Judicial Power in Domestic and International Politics
Is the good news about compliance good news about cooperation
Conclusion
Europe Before the Court
Credible Commitments and the International Criminal Court
Compliance With International Agreements
The Politics of Judicial Procedures
The Political Foundations of Democracy and the Rule of the Law
Stability and Rigidity
The Politics of Precedent in International Law
| Unique citing works | 13 |
|---|---|
| Citations per year | 1,63 |
| Citation span | 2018 - 2026 (9) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 13 |