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Andrew T Guzman

International courts

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International Tribunals: A Rational Choice Analysis, Andrew T. Guzman Oct 2008

International Tribunals: A Rational Choice Analysis, Andrew T. Guzman

Andrew T Guzman

In well-functioning domestic legal systems, courts provide a mechanism through which commitments and obligations are enforced. A party that fails to honor its obligations can be hauled before a court and sanctioned through seizure of person or property. The international arena also has courts or, to expand the category somewhat, tribunals. These institutions, however, lack the enforcement powers of domestic courts. How, then, do they work, and how might they work better or worse? The first objective of this Article is to establish that the role of the tribunal is to promote compliance with some underlying substantive legal rule. This …