International Courts and the Performance of International Agreements

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International Courts and the Performance of International Agreements

A General Theory with Evidence from the European Union

Comparative politics Law Comparative law International law: courts and procedures Constitutional and administrative law: general

Authors: Clifford J. Carrubba, Matthew J. Gabel

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Collection: Comparative Constitutional Law and Policy

Language: English

Published by: Cambridge University Press

Published on: 27th October 2014

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9781316164037


Introduction

Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are international courts?

Theoretical Framework

This book proposes a general theory of international courts that assumes a court has no direct power over national governments. Member states are free to ignore both the international agreement and the rulings by the court created to enforce that agreement. The theory demonstrates that such a court can, in fact, facilitate cooperation with international law, but only within important political constraints.

Empirical Analysis

The authors examine the theoretical argument in the context of the European Union. Using an original data set of rulings by the European Court of Justice, they find that the disposition of court rulings and government compliance with those rulings comport with the theory's predictions.

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