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Assessing the Effectiveness of International Courts$
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Yuval Shany

Print publication date: 2014

Print ISBN-13: 9780199643295

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199643295.001.0001

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(p.117) 6 Judgment-Compliance
Assessing the Effectiveness of International Courts

Yuval Shany

Oxford University Press

This chapter argues that judgment-compliance is not a reliable indicator of judicial effectiveness. More specifically, it claims, firstly, that we cannot understand the impact of judgment-compliance on the state of the world without examining the contents of the judgment in question and the nature of the remedies it prescribes; and, secondly, that the significance of judgment-compliance should be understood in the light of its contribution to attainment of international courts goals, such as changing the practices of third parties, resolving disputes, and advancing regime goals. Finally, it argues that contextualizing judgment-compliance in accordance with its contribution to judicial effectiveness may help courts formulate judgments and design remedies in a manner that is sensitive both to the need to increase compliance and to the advancement of goal attainment.

Keywords:   judicial effectiveness, international courts, judgements, remedies

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