Does participation in international organizations increase cooperation?
In: The review of international organizations, Band 9, Heft 3, S. 285-308
ISSN: 1559-7431
9 Ergebnisse
Sortierung:
In: The review of international organizations, Band 9, Heft 3, S. 285-308
ISSN: 1559-7431
World Affairs Online
In: International studies review, Band 16, Heft 2, S. 303-306
ISSN: 1468-2486
In: European journal of international law, Band 25, Heft 1, S. 229-238
ISSN: 1464-3596
In: International Studies Quarterly, Band 59, Heft 2, S. 209-222
In: American journal of international law: AJIL, Band 108, Heft 3, S. 389-434
ISSN: 2161-7953
Customary international law (CIL) is widely recognized as a fundamental source of international law. While its continued significance in the age of treaties was once contested, it is now generally accepted that CIL remains a vital element of the international legal order. Yet CIL is also plagued with conceptual and practical difficulties, which have led critics to challenge its coherence and legitimacy. In particular, critics of CIL have argued that it does not meaningfully affect state behavior. Traditional CIL scholarship is ill equipped to answer such criticism because its objectives are doctrinal or normative—namely, to identify, interpret, and apply CIL rules, or to argue for desirable changes in CIL. For the most part, that scholarship does not propose an explanatory theory in the social scientific sense, which would articulate how CIL works, why states comply, and why and how rules change.
In: American journal of international law, Band 108, Heft 3, S. 389-434
ISSN: 0002-9300
World Affairs Online
In: International organization, Band 68, Heft 1, S. 77-110
ISSN: 1531-5088
Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts. Adapted from the source document.
In: 68:1 International Organization 77-110 (2014)
SSRN
In: American Journal of International Law, Band 108, S. 389-434
SSRN