International institutions often take recourse to pretrial bargaining procedures to prevent accidental noncompliance with international law arising from, for example, government misinterpretation or lack of administrative capacity. Pretrial bargaining allows settling cases involving accidental noncompliance before going to court, which frees up resources for cases involving intentional noncompliance. In their article “Improving the efficiency of pretrial bargaining in disputes over noncompliance with international law: encouraging evidence from the European Union”, Sivaram Cheruvu and Joshua Fjelstul investigate how international institutions can improve the efficiency of pretrial bargaining. Their analysis of EU Pilot, a policy initiative designed to enhance the efficiency of pretrial bargaining in the EU, yields promising results. As such, EU Pilot significantly improves the efficiency of pretrial bargaining, speeding up the initial phase of bargaining by approximately 74 days. The authors summarize their findings with a piece of advice geared at policymakers seeking to counter noncompliance: “improving communication with implementing actors during the policy implementation process is a viable policy solution to improve the efficiency of bargaining in pretrial dispute-settlement procedures without resorting to sanctioning mechanisms.”
