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The Effectiveness of the European Court of Justice: Why Reluctant States Comply
Contributor(s): Panke, Diana (Author)

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 ISBN: 0719083060     ISBN-13: 9780719083068
Publisher: Manchester University Press
OUR PRICE: $123.50  

Binding Type: Hardcover
Published: October 2010
Qty:
Temporarily out of stock - Will ship within 2 to 5 weeks
Additional Information
BISAC Categories:
- Social Science | Criminology
- Political Science | Constitutions
- History | Europe - General
Dewey: 341.242
LCCN: 2011288491
Physical Information: 0.9" H x 6.2" W x 9.2" L (1.54 lbs) 256 pages
Features: Bibliography, Dust Cover, Illustrated, Index, Table of Contents
 
Descriptions, Reviews, Etc.
Publisher 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.
 
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