Description
Explore 'The Effectiveness of the European Court of Justice,' a crucial examination of how international law influences state compliance. This insightful book, published in 2010 by Manchester University Press, delves deep into the intricate workings of the European Court of Justice (ECJ) and its unique role in fostering adherence to European law. Rather than relying on the coercive powers typical of domestic courts, the ECJ operates in a complex landscape where voluntary compliance is paramount. This analysis also highlights critical variables such as issue-specific factors that determine the application of compliance instruments in cases of state reluctance. With in-depth case studies and extensive research, this book offers a nuanced understanding of judicial discourses, sanctions, and the varying durations of compliance—some cases taking up to 17 years. A must-read for students and professionals in international law, European studies, and political science, this resource demonstrates how the ECJ can still effectively promote adherence to international norms. Enhance your library with this essential text that captures the dynamic relationship between law and state behavior in Europe. Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled. Condition: BRAND NEW. ISBN: 9780719083068. Year: 2010. Publisher: Manchester University Press.
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Condition: BRAND NEW
ISBN: 9780719083068
Year: 2010
Publisher: Manchester University Press
Description:
The effectiveness of international law depends upon the willingness of states to comply with its provisions. Despite the current move towards binding international law, every international organisation grapples with serious instances of non-compliance. As a reaction, numerous international courts and arbitration bodies have been strengthened in the last two decades. Unlike their domestic counterparts, international courts cannot rely on the monopoly of legitimate force as a last resort for restoring compliance. This raises the question under which conditions international courts are nevertheless able to promote compliance with international norms - even against the initial will of the affected states.
This book looks at the European Court of Justice (ECJ) as an example of a court, which can apply judicial discourses, judgments and sanction-threats to cases in which states are reluctant to comply. Overall, the ECJ is very successful in ending norm violations through its compliance-instruments. However, some cases require up to 17 years or even a threat with sanctions until the effectiveness of European law is restored, while others are settled somewhat faster via judgments, or very quickly through judicial discourses. The book shows that issue-specific variables, such as the nature of the issue, its interpretational scope, its fit to domestic ideas, influence whether one of the three compliance instruments successfully induces compliance - even against the strong initial will of member states. -- .
Note: Shipping for this item is free. Please allow up to 6 weeks for delivery. Once your order is placed, it cannot be cancelled.
Condition: BRAND NEW
ISBN: 9780719083068
Year: 2010
Publisher: Manchester University Press
Description:
The effectiveness of international law depends upon the willingness of states to comply with its provisions. Despite the current move towards binding international law, every international organisation grapples with serious instances of non-compliance. As a reaction, numerous international courts and arbitration bodies have been strengthened in the last two decades. Unlike their domestic counterparts, international courts cannot rely on the monopoly of legitimate force as a last resort for restoring compliance. This raises the question under which conditions international courts are nevertheless able to promote compliance with international norms - even against the initial will of the affected states.
This book looks at the European Court of Justice (ECJ) as an example of a court, which can apply judicial discourses, judgments and sanction-threats to cases in which states are reluctant to comply. Overall, the ECJ is very successful in ending norm violations through its compliance-instruments. However, some cases require up to 17 years or even a threat with sanctions until the effectiveness of European law is restored, while others are settled somewhat faster via judgments, or very quickly through judicial discourses. The book shows that issue-specific variables, such as the nature of the issue, its interpretational scope, its fit to domestic ideas, influence whether one of the three compliance instruments successfully induces compliance - even against the strong initial will of member states. -- .