Toward a Theory of Effective Supranational Adjudication

Abstract

for research assistance Lyonettc Louis-Jacques. Foreign and International Law Reference Librarian at the University o Chicago School o Law. and Stephen Wiles ot the International Legal Studies Library at Harvard Law School v,ere also indelatigable in traking dow'n sources. Joseph H.H. Weiler provided inspiration and encouragement at a cntical point We also vtsh to thank Robert Wintemute for comments on an earlier dralt and Martha Mino% and Henry Steiner tr particularly helpful comments at a Harvard Law School lacult lunch 273

International organization: institutions and order in world politics

“…This interdisciplinary movement is clearly evident in substantive work on compliance with international rules and on dispute settlement. Scholars from various traditions have come together to understand why nations comply with international law and institutional rules (Mitchell, 1994a;Keohane, 1992;Downs, Rocke and Barsoom, 1996;Cameron, Werksman and Roderick, 1996;Chayes and Chayes, 1995;Franck, 1990Franck, , 1995Koh, 1997), as well as the development of supranational adjudication in international organizations (Alter, 2001;Helfer and Slaughter, 1997;Horlick and DeBusk, 1993;Hudec, 1990;Jackson, 1994;Kovenoch and Thursby, 1992;Pescatore, 1993;Yarbrough and Yarbrough, 1997). Through this intellectual interaction, the study of international organization, like the practice of international governance itself, is becoming more energized and, one hopes, more sophisticated.…”

Between law and politics: Explaining international dispute settlement behavior

“…27 For a detailed description of this judicialization scale see Helmedach et al (2009). For similar scales see also Helfer and Slaughter (1997), Keohane et al (2000), McCall Smith (2000), Yarbrough andYarbrough (1997), andZangl (2008). 28 On the procedure before the ECHR see, for example, Greer (2006), Liddell (2002), andVilliger (2007).…”

“…It underlines, however, that this holds true only among democratic states (Slaughter, 1995;Tesón, 1992). Due to the specific legal institutions inherent in democratic states, their representatives are socialized into the habit of complying with the law, which, so the argument goes, is carried over from the domestic to the international level (Helfer and Slaughter, 1997;Moravcsik, 1995). Accordingly, liberals argue that democratic states take their commitments to comply with international law much more seriously than nondemocratic states whose representatives are rather inclined to violate international law if they deem fit (Armstrong et al, 2007: 91;Slaughter, 1995).…”

“…Over the past two decades a judicialization process of international dispute settlement procedures (IDSPs) has taken place (Helfer and Slaughter, 1997;Keohane et al, 2000;Merrills, 1998;Romano, 1999;Zangl and Zürn, 2004). IDSPs are procedures for making decisions on alleged violations of international legal norms.…”

Dispute settlement in world politics: States, supranational prosecutors, and compliance

“…In fact, a prominent line of research on legalization theorizes the implications of states granting private parties the right to raise cases (e.g. Helfer and Slaughter, 1997;Keohane et al, 2000).…”