Private Litigants and the New International Courts

Alter, Karen J.

doi:10.1177/0010414005283216

Cited by 53 publications

(38 citation statements)

References 24 publications

(21 reference statements)

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“…7. For studies with a comparative scope, see Steffek, Kissling, and Nanz 2008;Scholte 2011;and Alter 2014. TNA Access in Global Governance, 1950Governance, -2010 IOs display extensive variation in the organization of TNA involvement. We describe the principal patterns of variation on the basis of a new data set on formal TNA access to 298 bodies of fifty IOs over the sixty-year period 1950-2010.…”

mentioning

confidence: 99%

Explaining the Transnational Design of International Organizations

Tallberg¹,

Sommerer²,

Squatrito³

et al. 2014

Int Org

157

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Past decades have witnessed a shift in international cooperation toward growing involvement of transnational actors (TNAs), such as nongovernmental organizations, multinational corporations, and philanthropic foundations. This article offers a comprehensive theoretical and empirical account of TNA access to IOs. The analysis builds on a novel data set, covering formal TNA access to 298 organizational bodies from fifty IOs over the time period 1950 to 2010. We identify the most profound patterns in TNA access across time, issue areas, policy functions, and world regions, and statistically test competing explanations of the variation in TNA access. The central results are three-fold. First, the empirical data confirm the existence of a far-reaching institutional transformation of IOs over the past sixty years, pervading all issue areas, policy functions, and world regions. Second, variation in TNA access within and across IOs is mainly explained by a combination of three factors: functional demand for the resources of TNAs, domestic democratic standards in the membership of IOs, and state concerns with national sovereignty. Third, existing research suffers from a selection bias that has led it to overestimate the general importance of a new participatory norm in global governance for the openness of IOs.

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mentioning

confidence: 99%

Explaining the Transnational Design of International Organizations

Tallberg¹,

Sommerer²,

Squatrito³

et al. 2014

Int Org

157

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“…3 The decisions of authorized dispute settlement bodies may also help state leaders to overcome domestic resistance against the settlement of disputes (Allee and Huth, 2006;Simmons, 1999Simmons, , 2002. 4 See, among others, Alter (2001Alter ( , 2006, Keohane et al (2000), McCall Smith (2000), Stone…”

Section: Resultsmentioning

confidence: 99%

Between law and politics: Explaining international dispute settlement behavior

Zangl

Helmedach

Mondré

et al. 2011

European Journal of International Relations

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Over recent decades a judicialization process of international dispute settlement procedures has taken place. Yet, the judicialization of procedures remains meaningless if the procedures are not used and accepted by disputing states in practice. Prominent theoretical approaches point to different conditions under which this is to be expected. Realism emphasizes the international distribution of power, institutionalism stresses the importance of the institutional design of international dispute settlement procedures, and liberalism points to the domestic institutional setting of the participating states. 370 European Journal of International Relations 18(2)The article confronts these theoretical expectations with states' actual dispute settlement behavior in the international trade regime, the United Nations Security Council, the European human rights regime and the regime on the protection of endangered species in the 1970s/80s and 1990s/2000s, respectively. Its main finding is that, compared to realism and liberalism, institutionalism fares better in explaining the judicialization of states' dispute settlement behavior.

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“…Private access to international courts and tribunals is an equally distinct trend, with nearly all new courts created since 1990 offering direct mechanisms for individuals, NGOs, or firms (Alter, 2006). Examples include courts in the area of trade, such as the European Court of Justice, the Andean Court of Justice, and NAFTA arbitration panels, as well as courts in the area of human rights, such as the European Court of Human Rights and the international criminal tribunals for Former Yugoslavia and Rwanda.…”

Section: The Transnational Turn In Global Governancementioning

confidence: 99%

“…Hence, as David Lake and Mathew McCubbins (2006: 341) conclude in a recent volume on delegation to international institutions: "Incorporating the role of third parties (TPs), including the many NGOs that now make up global civil society, is the research frontier." An exception to the absence of empirical studies is Alter (2006), which describes how access for private actors constitutes a defining feature of a new generation of international courts, and explains this trend with the functional benefits to states and courts of having non-state actors enforce private rights.…”

Section: The State Of the Art -And Beyondmentioning

confidence: 99%

Transnational Actors in Global Governance

2010

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Private Litigants and the New International Courts

Cited by 53 publications

References 24 publications

Explaining the Transnational Design of International Organizations

Explaining the Transnational Design of International Organizations

Between law and politics: Explaining international dispute settlement behavior

Transnational Actors in Global Governance

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