International Courts and the Performance of International Agreements: A General Theory with Evidence from the European Union (Comparative Constitutional Law and Policy)

Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are international courts? This book proposes a general theory of international courts that assumes a court has no direct power over national governments. Member states are free to ignore both the international agreement and the rulings by the court created to enforce that agreement. The theory demonstrates that such a court can, in fact, facilitate cooperation with international law, but only within important political constraints. The authors examine the theoretical argument in the context of the European Union. Using an original data set of rulings by the European Court of Justice, they find that the disposition of court rulings and government compliance with those rulings comport with the theory's predictions-- Source other than Library of Congress Cover 1 Half title 3 Seriespage 4 Title 5 Copyright 6 Contents 7 Acknowledgments 9 1 International courts and compliance 11 2 A theory of courts and compliance in international law 31 3 Putting the theory to the test: evaluating the hypotheses in the European Union 67 4 Preliminary considerations: designing a control for the legal merits 96 5 The Political Sensitivity Hypothesis: third-party briefs and European Court of Justice rulings 135 6 The Conditional Effectiveness Hypothesis: the European Court of Justice and economic integration 166 7 Conclusion 201 References 230 Index 243 1. International Courts And Compliance -- 2. A Theory Of Courts And Compliance In International Law -- 3. Putting The Theory To The Test: Evaluating The Hypotheses In The European Union -- 4. Preliminary Considerations: Designing A Control For The Legal Merits -- 5. The Political Sensitivity Hypothesis: Third-party Briefs And European Court Of Justice Rulings -- 6. The Conditional Effectiveness Hypothesis: The European Court Of Justice And Economic Integration -- 7. Conclusion. Clifford J. Carrubba, Matthew J. Gabel. Includes Bibliographical References And Index.