Effectiveness of international adjudication: assessing functions and performance

Yuval Shany, Joan E Donoghue, S. Shlomo Agon, Victor Peskin, Geir Ulfstein

Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review


International Courts (IC) should fulfill their functions in the sense that they actually produce their intended effects. But ICs serve several functions beyond dispute settlement. Their effectiveness may be difficult to assess to the extent that ICs have a complex set of functions and often depend on deference by other actors for their effects. But these other functions may also create tension between the judicial role of the ICs and their perceived wider roles. How far ICs can go in accommodating such functions without losing their legitimacy in their core role of dispute settlement is questionable. It could be argued that ICs should go back to basics, in the form of dispute settlement. They must navigate in their new landscape. The future success of ICs will depend on how they resolve the balancing between different functions. It is, however, essential that ICs take their core function as independent, judicial organs following a legal procedure seriously.
Original languageEnglish
Title of host publicationProceedings of the annual meeting - American Society of International Law
Place of PublicationWashington
PublisherAmerican Society of International Law
Number of pages18
StatePublished - 2014

Publication series

NameProceedings of the annual meeting - American Society of International Law


  • Compliance
  • Courts
  • Donoghue
  • Joan E
  • Effectiveness
  • Evaluation
  • Evidence (Law)
  • Functions
  • International
  • International courts
  • International law
  • International organizations
  • Judicial review
  • Jurisdiction
  • Peskin
  • Victor
  • Shlomo-Agon
  • Sivan
  • Ulfstein
  • Geir


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