TY - JOUR
T1 - Courts, compliance, and the quest for legitimacy in international law
AU - Carrubba, Clifford James
AU - Gabel, Matthew Joseph
PY - 2013
Y1 - 2013
N2 - 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.
AB - 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.
UR - https://www.scopus.com/pages/publications/84898627144
U2 - 10.1515/til-2013-025
DO - 10.1515/til-2013-025
M3 - Article
AN - SCOPUS:84898627144
SN - 1565-3404
VL - 14
SP - 505
EP - 541
JO - Theoretical Inquiries in Law
JF - Theoretical Inquiries in Law
IS - 2
ER -