Yuval Shany
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199643295
- eISBN:
- 9780191749087
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199643295.003.0002
- Subject:
- Law, Public International Law, Comparative Law
The goal-based approach, which ties effectiveness to goals, requires the development of different effectiveness benchmarks for international courts pursuing different goals. This chapter discusses ...
More
The goal-based approach, which ties effectiveness to goals, requires the development of different effectiveness benchmarks for international courts pursuing different goals. This chapter discusses four generic goals that all or almost all international courts have been encouraged explicitly or implicitly by their mandate providers to attain. However, it should be noted that that different international courts are expected to prioritize certain ultimate ends over others. As a result, not all generic goals are expected to exert equal influence over all international courts. These generic goals include supporting norms, resolving international disputes and problems, supporting regimes, and legitimizing public authority. The chapter also identifies idiosyncratic goals that international courts are expected to promote throughout their operation.Less
The goal-based approach, which ties effectiveness to goals, requires the development of different effectiveness benchmarks for international courts pursuing different goals. This chapter discusses four generic goals that all or almost all international courts have been encouraged explicitly or implicitly by their mandate providers to attain. However, it should be noted that that different international courts are expected to prioritize certain ultimate ends over others. As a result, not all generic goals are expected to exert equal influence over all international courts. These generic goals include supporting norms, resolving international disputes and problems, supporting regimes, and legitimizing public authority. The chapter also identifies idiosyncratic goals that international courts are expected to promote throughout their operation.
Sivan Shlomo Agon
- Published in print:
- 2019
- Published Online:
- October 2019
- ISBN:
- 9780198788966
- eISBN:
- 9780191830976
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198788966.003.0004
- Subject:
- Law, Public International Law
The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System ...
More
The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System (DSS), the spectrum of functions it should play, and the nature of the relations between them. The present chapter maps these multiple aims as prescribed for the DSS by its mandate providers while probing their complementary and contradictory relationships. In so doing, the chapter lays down the substantive building blocks of the WTO DSS’s goal-based effectiveness framework against which the system’s performance is to be evaluated. In analysing the DSS’s goal structure, the chapter begins with the system’s ultimate ends—the overarching purposes the DSS is expected to fulfil in the long-run—which frame the broad mission it is designed to achieve. It then follows with the system’s more specific, intermediate goals, those which serve as means for realizing the former, more general, open-ended objectives.Less
The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System (DSS), the spectrum of functions it should play, and the nature of the relations between them. The present chapter maps these multiple aims as prescribed for the DSS by its mandate providers while probing their complementary and contradictory relationships. In so doing, the chapter lays down the substantive building blocks of the WTO DSS’s goal-based effectiveness framework against which the system’s performance is to be evaluated. In analysing the DSS’s goal structure, the chapter begins with the system’s ultimate ends—the overarching purposes the DSS is expected to fulfil in the long-run—which frame the broad mission it is designed to achieve. It then follows with the system’s more specific, intermediate goals, those which serve as means for realizing the former, more general, open-ended objectives.
