Assessing the Effectiveness of International Courts: (International Courts and Tribunals Series)

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.

Table of Contents:
Introduction Part I: The Goal-Based Approach 1: A Goal-Based Approach to Effectiveness Analysis 2: The Goals of International Courts 3: Measuring Goal Attainment Part II: Application of the Goal-Based Approach to Judicial Functions and Features 4: Jurisdictional Powers and Issues of Admissibility 5: Judicial Independence and Impartiality 6: Judgment-Compliance 7: Legitimacy Part III: Application of the Goal-Based Approach to Specific Courts 8: Yuval Shany and Rotem Giladi: The International Court of Justice 9: Yuval Shany and Sivan Shlomo: WTO Dispute Settlement System 10: Yuval Shany, Gilad Noam, and Sigall Horovitz: The International Criminal Court 11: Yuval Shany and Henry Lovat: European Court of Human Rights 12: Yuval Shany and Thorbjorn Bjornsson: European Court of Justice Conclusions

About the Author :
Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem. He also serves currently as the academic director of the Minerva Center for Human Rights, a director in the International Law Forum at the Hebrew University, and the Project on International Courts and Tribunals (PICT) and a member of the steering committee of the DOMAC project (assessing the impact of international courts on domestic criminal procedures in mass atrocity cases). Shany has degrees in law from the Hebrew University (LL.B, 1995 cum laude), New York University (LL.M., 1997), and the University of London (Ph.D., 2001) and he has published a number of books and articles on international courts and arbitration tribunals and other international law issues such as international human rights and international humanitarian law.

Review :
`Are international courts effective? Scholars must decide whether the conceptual framework proposed by Shany is put to best use in a comparative analysis across different international courts, in an assessment of the effectiveness of an individual court on its own, or in both forms of application. Nevertheless, although future research will be instrumental in testing the methodology and concepts as developed, shining a spotlight on effectiveness is an important contribution.' Laurence Boisson de Chazournes, American Journal of International Law `Professor Shany's book is an extremely far-reaching and exhaustive study. 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 court's judgments and opinions, and form a realistic picture of the actual impact beyond the courtroom that these may make, and in Professor Shany's apt terminology, to look beyond the 'output' of the court, and discern and assess the 'outcome'.' Hugh Thirlway, Netherlands International Law Review `Rather than assessing effectiveness according to one or more of the usual indicators -- compliance with decisions, usage rates, impact on the conduct of parties - he puts forward a 'conceptual framework to analyze questions about the effectiveness of international courts, which could serve as the basis for future research programs'. Put differently, the book's focus is not on whether international courts are effective, but on how their effectiveness should be assessed. If judged by its title, this book makes for a surprising read. But it is a welcome surprise, and an enriching one. The conceptual framework set out is indeed 'sophisticated and complex', and it is presented in a tightly argued and dense manner. So all things considered, perhaps this book should be seen as a prologue to a new, and higher, level of engagement with effectiveness.' Christian Tams, European Yearbook of International Economic Law 2015 `Shany's efforts to take seriously the exhortations towards effectiveness directed at international courts have led him to develop an ambitious goal-based analysis that proves successful in its application to a range of different institutions.' Gleider I. Hernández, The European Journal of International Law