Of Courts and Commerce

Issue attention on international courts: Evidence from the European Court of Justice

“…These factors include the composition of the Court, the membership of the organization and the legal basis. So we can safely assume that these factors are constant and keep our focus on the procedural variation (Gabel et al, 2012(Gabel et al, , 1126.…”

“…contemplate dierent objects and empower distinct sets of litigants. The ECJ context oers the rare possibility to compare the eect of procedural variation within the same international organization, which automatically controls for a host of important factors including the composition of the Court, the membership of the organization and the legal basis that could otherwise confound the analysis (Gabel et al, 2012(Gabel et al, , 1126. We argue that more inclusive procedures like the preliminary ruling mechanism and the annulment procedure enable international adjudicators to mobilise a broader and more diverse pool of litigants.…”

Choosing for Europe: judicial incentives and legal integration in the European Union

“…While this measure, arguably, does not capture the whole gamut of doctrinal variations in the domestic reception of international law, it has for itself that is well-specied and fully replicable. As for intra-EU trade, we dene it as the sum of export and import divided by population and GDPwhich corresponds to the the operationalisation adopted by Gabel et al (2012).…”

“…Eectiveness has been linked, among other things, to the ability of international adjudicators to forge compliance partnerships with national judiciaries (Keohane et al, 2000;Downs et al, 1996;Huneeus, 2013). In what is arguably the world's most deeply integrated international regime, the European Union, close cooperation between EU courts and national courts is widely credited for creating the conditions that have allowed the eective enforcement of EU laws and regulations in the domestic realm (Gabel et al, 2012; Stone Sweet, 2004;Sweet and Brunell, 1998b). By introducing a formal procedure for domestic judges to refer legal questions directly to the European Court of Justice, the institutional architecture put in place by the Rome Treaty is viewed as central to the process that led to the integration of domestic and EU legal systems.…”

International Courts: A Theoretical Assessment

“…Empirical evidence certainly suggests that international courts can have a salutary effect on international agreements. For example, third-party adjudication is associated with improved resolution of territorial disagreement among states (e.g., Gent & Shannon 2010), and international trade is enhanced-at least in the short term-by trade-liberalizing rulings of international courts (e.g., Gabel et al 2012, Bechtel & Sattler 2015. These results are intriguing.…”