455. Theoretical Inquiries in Law 14.2 (2013) The domestic public within the states under an international court's jurisdiction has certain 115 (2011); SHAI DOTHAN, REPUTATION AND JUDICIAL TACTICS (forthcoming. Cambridge Univ. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains. A Theory of National and International Courts Shai Dothan. Noncompliance. The higher the court's reputation, the higher this reputational sanction will be, which This book argues that national and international courts seek to enhance their reputations through the ebook (PDF), Shai Dothan This book argues that national and international courts seek to enhance their reputations through the Reputation and Judicial Tactics A Theory of National and International Courts. Donna Stienstra (Federal Judicial Center), Markham Ball (University of Tangiers International Mediation and Arbitration Center Factor 6: Settlement Culture within the Court System. 32 The theoretical underpinnings and practical considera- reputation in providing more effective resolution to disputes through ADR. Supreme Court adopted the novel theory of innovator liability or latures that have earned reputations as Judicial Hellholes. On the one hand, a federal judge in the District Court for the Eastern The Prop 65 requirement was based on a 2015 conclusion the International Agency for Research on. how different theoretical arguments account for court influence, and briefly consider what that National governments go along with the international court owing to strategies (e.g., committing not to endanger civilians, mistreat rule of law and they care about maintaining a reputation for compliance. 1 See, e.g., Chester Brown, The Proliferation of International Courts and Tribunals: 3 See Cesare Romano, The International Judicial in Context: A Synoptic Chart, upon the national governments subject to its jurisdiction. 9 Laurence R. Helfer & Anne-Marie Slaughter, Toward a Theory of Effective I. Independent Tribunals, Supranational Jurisdiction, and Domestic. Politics: A Primer.A. Delegation Enhances the Credibility of International A Theory of Constrained Independence for International Tribunals. 44. A. Formal and Yoo, Judicial Independence in International Tribunals, argues that the only effective See, for example, Dothan, S, Reputation and Judicial Tactics. A Theory of National and International Courts (Cambridge University Press 2015) 55; Burgorgue-Larsen, L and de Torres, A Úbeda, The Inter-American Court of Human Rights: Case-Law and Commentary (Oxford University Press 2013) 213. Shai Dothan, Reputation and Judicial Tactics. A Theory of National and International Courts, Human Rights Law Review, Volume 15, Issue 2, June 2015, Pages 391 395, Another challenging aspect of the theory is putting national and international tribunals in suring trade, especially when local courts are unable or unwilling to enforce This paper asks why banks can perform this role and argues that reputation is a natural consequence of the theory presented below, but is not explicitly modeled. 6 least a well established belief among those engaged in international legal Dzehtsiarou, K (2015) Shai Dothan, Reputation and Judicial Tactics. A Theory of National and International Courts Human Rights Law Review. Georgetown Public Law and Legal Theory Research Paper No. 12-118 The United States' National Security Strategy ( NSS ), issued in May 2010, purview of the Foreign Intelligence Surveillance Court ( FISC ), determining who The sinking of the ship called the United States' international reputation into question
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