Theresa Squatrito - Böcker

As international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference. This title is also available as open access on Cambridge Core

Once the exclusive preserve of member states, international organizations have become increasingly open in recent decades. Now virtually all international organizations at some level involve NGOs, business actors and scientific experts in policy-making. This book offers the first systematic and comprehensive analysis of this development. Combining statistical analysis and in-depth case studies, it maps and explains the openness of international organizations across issue areas, policy functions and world regions from 1950 to 2010. Addressing the question of where, how and why international organizations offer transnational actors access to global policy-making, this book has implications for critical issues in world politics. When do states share authority with private actors? What drives the design of international organizations? How do activists and businesses influence global politics? Is civil society involvement a solution to democratic deficits in global governance?

Once the exclusive preserve of member states, international organizations have become increasingly open in recent decades. Now virtually all international organizations at some level involve NGOs, business actors and scientific experts in policy-making. This book offers the first systematic and comprehensive analysis of this development. Combining statistical analysis and in-depth case studies, it maps and explains the openness of international organizations across issue areas, policy functions and world regions from 1950 to 2010. Addressing the question of where, how and why international organizations offer transnational actors access to global policy-making, this book has implications for critical issues in world politics. When do states share authority with private actors? What drives the design of international organizations? How do activists and businesses influence global politics? Is civil society involvement a solution to democratic deficits in global governance?

International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.