International Courts, Advocacy Groups and Governance

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In the last fifty years, international courts have incrementally grown in number and in power, changing the environment and institutions for engagement in international relations. These judicial organizations have both empowered and constrained governments to act in ways consistent with interpretations of supranational rights instruments. This project examines whether international courts provide an avenue for enhancing or undermining, societal access and participation in governance. This study analyzes litigation before a supranatiomal court to examine three key questions: (1) To what extent are interest and advocacy groups, from businesses to public interest activists, accessing international judicial institutions? (2) What are the main factors explaining changes in the degree and forms of this participation across time? (3) How and why does involvement in litigation affect governance? The project entails an innovative cross-field research design that draws unique theoretical and methodological links, adapting concepts concerning mobilization to the transnational and international level. The research also advances a more complex understanding of international law and politics, where societal groups, domestic governments and international organizations play an important role in giving meaning to the law and at times transforming laws and policies. The project will produce, analyze and disseminate the first database on interest and advocacy group involvement in international litigation, including both patterns of participation and effects on domestic and international laws. The research benefits society as elite decision-makers within domestic and international institutions are increasingly challenged and pressured to make governance processes more accountable, transparent and accessible. The findings of this project will enable public officials, societal groups and scholars alike to systematically evaluate legal processes with the eye to reform and development of good governance. By making the data widely available, the project will contribute broadly to training students and scholars in governance through judicial institutions.