Courts, compliance, and the quest for legitimacy in international law

  • Clifford James Carrubba
  • , Matthew Joseph Gabel

    Research output: Contribution to journalArticlepeer-review

    15 Scopus citations

    Abstract

    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.

    Original languageEnglish
    Pages (from-to)505-541
    Number of pages37
    JournalTheoretical Inquiries in Law
    Volume14
    Issue number2
    DOIs
    StatePublished - 2013

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