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During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
List of contents
- Introduction
- Part I: The Goal-Based Approach
- 1: The Effectiveness Model
- 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
- 5: Judicial Independence and Impartiality
- 6: Judicial Legitimacy
- 7: Norm Compliance
- 8: Contextual Factors
- Part III: Application of the Goal-Based Approach to Specific Courts
- 9: Yuval Shany and Rotem Giladi: International Court of Justice
- 10: Yuval Shany and Sivan Shlomo: WTO Dispute Settlement Mechanism
- 11: Yuval Shany and Gilad Noam, Erin Gray-Goldbarsht, and Sigall Horovitz: International Criminal Tribunals for Yugoslavia and Rwanda
- 12: Yuval Shany and Gilad Noam: European Court of Human Rights
- 13: Yuval Shany and Thorbjorn Bjornsson: European Court of Justice
- Conclusions
About the author
Prof. 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.
Summary
During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Additional text
It will be apparent that Professor Shany's book is an extremely far-reaching and exhaustive study; and it is not possible, within the bounds of a brief review, to give more than some indication of the extensive research and carefully weighed conclusions that it contains ... 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 courts judgments and opinions, and form a realistic picture of the actual impact beyond the courtroom that these may make in Professor Shanys apt terminology (p. 53), to look beyond the output of the court, and discern and assess the outcome.
