Browsing by Author "Kondrackyj, Alexei"

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    Negotiating Design: The Case of the International Criminal Court
    (2015-12-15) Kondrackyj, Alexei; Franceschet, Antonio; Keeley, James F.; Brodie, Ian
    What determines the design of an international court? Current literature on international courts is focused on what makes courts effective. However, we know less about how and why states seek to negotiate specific design features. This void sparks my driving question: what conditions and factors shape the design features of international courts? I attempt to answer this question through an analysis of the negotiations to create the International Criminal Court (ICC). Literature on the ICC points towards three factors that influenced the negotiations: the influence of a group of states, the influence of non-governmental actors, and the unique structure of the negotiations. Although these factors explain why some of the ICC’s design features give the Court significant independence in some areas, they do not explain why other design features restrict the Court’s independence. My thesis shows the importance of a fourth factor: the nature of the particular design feature.