Courts, Compliance, and the Quest for Legitimacy in International Law
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Clifford James Carrubba
Abstract
International courts are an integral component of the international legal system. These courts have been proliferating over time and increasingly working to ensure state compliance with the rules of the international regulatory regimes they join. However, these courts face a fundamental challenge: while they can rule against governments in violation of the regime’s rules, they cannot enforce those decisions. Working from the first principle that the regulatory regime is designed to help resolve collective action problems among the signees, this Article proposes a formal model of international court influence that helps to explain the extent and limits of international court influence on national government behavior.
© 2013 by Walter de Gruyter GmbH & Co.
Articles in the same Issue
- Masthead
- Introduction
- The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory
- The Democratic Legitimacy of International Courts: A Conceptual Framework
- Understanding the Authority of International Courts and Tribunals: On Delegation and Discursive Construction
- Public Opinion and the Legitimacy of International Courts
- International Judicial Legitimacy: Lessons from National Courts
- How International Courts Enhance Their Legitimacy
- Legitimacy and Lawmaking: A Tale of Three International Courts
- Courts, Compliance, and the Quest for Legitimacy in International Law
Articles in the same Issue
- Masthead
- Introduction
- The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory
- The Democratic Legitimacy of International Courts: A Conceptual Framework
- Understanding the Authority of International Courts and Tribunals: On Delegation and Discursive Construction
- Public Opinion and the Legitimacy of International Courts
- International Judicial Legitimacy: Lessons from National Courts
- How International Courts Enhance Their Legitimacy
- Legitimacy and Lawmaking: A Tale of Three International Courts
- Courts, Compliance, and the Quest for Legitimacy in International Law
