Does participation in international organizations increase cooperation?
In: The review of international organizations, Band 9, Heft 3, S. 285-308
ISSN: 1559-744X
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In: The review of international organizations, Band 9, Heft 3, S. 285-308
ISSN: 1559-744X
In: Perspectives on politics, Band 11, Heft 1, S. 349-351
ISSN: 1541-0986
In: Perspectives on politics: a political science public sphere, Band 11, Heft 1, S. 349-351
ISSN: 1537-5927
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In: Cambridge review of international affairs, Band 24, Heft 2, S. 121-128
ISSN: 1474-449X
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In: Cambridge review of international affairs, Band 24, Heft 2, S. 121-129
ISSN: 0955-7571
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In: APSA 2010 Annual Meeting Paper
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In: British journal of political science, Band 42, Heft 2, S. 413-439
ISSN: 1469-2112
Why and how do international courts justify decisions with citations to their own case law? We argue that, like domestic review courts, international courts use precedent at least in part to convince "lower" (domestic) courts of the legitimacy of judgements. Several empirical observations are consistent with this view, which are examined through a network analysis of European Court of Human Rights (ECtHR) citations. First, the Court cites precedent based on the legal issues in the case, not the country of origin. Second, the Court is more careful to embed judgements in its existing case law when the expected value of persuading domestic judges is highest. These findings contribute to a developing literature that suggests international and domestic review courts develop their authority in similar ways. Adapted from the source document.
In: British Journal of Political Science, 2012
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In: British journal of political science, Band 42, Heft 2, S. 413-439
ISSN: 0007-1234
Why and how do international courts justify decisions with citations to their own case law? We argue . - that, like domestic review courts, international courts use precedent at least in part to convince 'lower' . - (domestic) courts of the legitimacy of judgements. Several empirical observations are consistent with this . - view, which are examined through a network analysis of European Court of Human Rights (ECtHR) . - citations. First, the Court cites precedent based on the legal issues in the case, not the country of origin. . - Second, the Court is more careful to embed judgements in its existing case law when the expected value of . - persuading domestic judges is highest. These findings contribute to a developing literature that suggests . - international and domestic review courts develop their authority in similar ways. ((British Journal of Political Science/ FUB)
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