The performance of international courts and tribunals

The Performance of International Courts and Tribunals
Contents
List of Figures
List of Tables
List of Maps
List of Contributors
Acknowledgments
List of Abbreviations
Introduction
1 A Framework for Evaluating the Performance of International Courts and Tribunals
	Introduction
	The Study of Judicial Performance
	Assessing Performance
	Levels of Analysis
	Determinants of Performance
	The Shape of Things to Come
	References
Part I
2 Court Performance within the Multilateral Trade Regime
	Introduction
	WTO Performance in Settling Disputes
		Dispute Settlement, Ruling Implementation, and Compliance
		Determinants of WTO Outcome Performance: The Micro-level
		WTO Outcome Performance: The Meso- and Macro-levels
	The WTO’s Role in Trade Law Clarification
	Process Performance and Access to the DSM
	Regional Trade Courts
	Conclusion
	References
3 Performance of Investment Treaty Arbitration
	Introduction
	The Purpose of Investment Treaty Arbitration in Historical Context
		Alternatives to Diplomatic Espousal
		Alternatives to Commercial Arbitration with States
	Assessing the Performance of Investment Treaty Arbitration
		Access Performance
		Outcome Performance
		Process Performance
	Conclusions
4 Performance of Regional Human Rights Courts
	Structural Factors Influencing Performance
		Background
		Internal Structural Factors
		External Structural Factors
	Process Performance
		Access to Justice
		Processing and Hearing the Cases
	Outcome Performance
		Doctrines on the Judicial Role
		Interpreting/Advancing the Law
		Compliance
		Developing a Global Normative Framework: Regime Integration
	Conclusions
	References
5 Performance of International Criminal Courts and Tribunals
	Introduction
		State of ICTs
		ICT Judges as “Supplanters” of State Prerogatives in IHL and ICL Development
		Who Creates IHL and ICL?
	Redefining Custom
	ICTs as Law-Givers
	Custom and ICTs as Finders-Creators of IHL and ICL in Decline?
		States as Interested Third Parties
	Where States Participate
	Where States Do Not Participate
	Conclusion
	References
Part II
6 Assessing the International Criminal Court
	Background on the ICC
		The First Global Criminal Tribunal
		Prelude to Assessing Performance: How Salient is the ICC?
	The ICC and Deterrence: Theory and Mechanisms
	ICC’s Deterrence Potential in Uganda
		Background
		ICC and Ugandan Military Attacks
		ICC and the Lord’s Resistance Army
		Time Series Intervention Analysis
	Conclusions
	References
7 How the Fragmentation of the International Judiciary Affects the Performance of International Judicial Bodies
	Introduction
	The Dynamics of Dispute Settlement by International Courts and Tribunals with Overlapping Jurisdictions
		The Significance of the Problem
		Forum Shopping under Conditions of “Jurisdictional Ambiguity”
		The Impact of Forum Shopping on the Performance of International Courts and Tribunals
	Overlapping Dispute Settlement Mechanisms in International Trade Governance
		The Legal Background and Attempts to Foreclose Forum Shopping
	Conclusion
	References
8 International Judicial Performances and the Performance of International Courts
	Introduction
	What are International Judicial Practices?
	Judicial Practices Concerning Evidence and Fact-finding
		Fact-finding as a Practice
		Standards of Proof
		The Power of International Courts to Obtain Evidence
	Evidentiary Practices and Court Performance
		Deference to State Sensibilities in the Admissibility of Evidence and the Power to Compel Introduction of Evidence
	The Introduction of Evidence
	The Nonintroduction of Evidence
		Standards of Proof
		Use of Experts
	Conclusion
9 International Courts’ Socialization Strategies for Actual and Perceived Performance
	Socialization and ICs
	ICs, Socialization, and Performance: A Framework
		Internal Strategies
		External Strategies
	The Prevalence of Socialization Strategies across ICs
		Internal Socialization Strategies
		External Socialization Strategies
	Conclusion
	References
10 What Happens after a Judgment is Given? Judgment Compliance and the Performance of International Courts and Tribunals
	Introduction
	The Complexity of Compliance
	Procedural Mechanisms to Ensure Compliance
		The International Court of Justice: Ensuring Compliance through the UN Security Council
		The European Court of Human Rights: Providing Semiexternal Review by the Committee of Ministers
		The International Convention on the Settlement of Investment Dispute: Immediate Effect of Awards in Domestic Courts
		The United Nations Claims Commission: Creation of a Special Fund to Ensure Compliance
	Factors Influencing Compliance
		Internal Factors Affecting Compliance
		External Factors
	Conclusion
11 Problem-Solving Structure and International Courts and Tribunals: Lessons from the Study of International Regimes
	Introduction: Purpose and Scope
	The Study of International Regimes: Definition, Establishment, and Effectiveness
	Human Rights and the Performance of International Courts
	Brief Concluding Discussion
	References
Part III
12 Measurement and Methods: Opportunities for Future Research
	Introduction
	Operationalizing and Measuring Outcome Performance
		Dispute Settlement
		Compliance
		Clarification of Law
	Operationalizing and Measuring Process Performance
		Procedural Fairness
		Efficiency
		Legal Method and Reasoning
	Operationalizing Meso- and Macro-level Performance
	Methods for Evaluating the Performance of ICs
		Experimental Designs
		Meta-Analysis
		Qualitative Comparative Analysis
		Counterfactuals
		Multimethod Research Designs
	Conclusion
	References
13 What We Know So Far
	Introduction
	The Record So Far
	Determinants of Court Performance
	Future Prospects
	Research Opportunities
	Concluding Thoughts
	References
Index