Book contents
- Frontmatter
- Contents
- PART I International Court of Justice
- 1 Reflections on international adjudication
- 2 The impact of the International Court of Justice
- 3 The politics of adjudication
- 4 National judges and judges ad hoc of the International Court of Justice
- 5 The roles of the Security Council and the International Court of Justice in the application of international humanitarian law
- 6 The inter-active influence of the International Court of Justice and the International Law Commission
- 7 A site visit of the World Court
- 8 The proliferation of international tribunals: threat or promise?
- 9 The Gulf of Maine maritime boundary delimitation: the constitution of the chamber
- 10 The judgment of the International Court of Justice in the case concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia)
- 11 Gorbachev embraces compulsory jurisdiction
- PART II International arbitration
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
8 - The proliferation of international tribunals: threat or promise?
from PART I - International Court of Justice
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- PART I International Court of Justice
- 1 Reflections on international adjudication
- 2 The impact of the International Court of Justice
- 3 The politics of adjudication
- 4 National judges and judges ad hoc of the International Court of Justice
- 5 The roles of the Security Council and the International Court of Justice in the application of international humanitarian law
- 6 The inter-active influence of the International Court of Justice and the International Law Commission
- 7 A site visit of the World Court
- 8 The proliferation of international tribunals: threat or promise?
- 9 The Gulf of Maine maritime boundary delimitation: the constitution of the chamber
- 10 The judgment of the International Court of Justice in the case concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia)
- 11 Gorbachev embraces compulsory jurisdiction
- PART II International arbitration
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
Summary
The creation of new international judicial bodies is fundamentally a positive development, welcome rather than worrisome. It reflects the vitality and relative maturity of today's international life.
The body of international norms has increased significantly over the last decades. It covers a growing number of subjects. The number of States has tripled since 1946. Actors other than States play an increasingly important role in the international legal process and, in particular, have gained a measure of access to international dispute settlement mechanisms.
The creation of new legal fora indicates that the effectiveness of international law can be increased by ensuring that legal obligations are equipped with means for their determination and application.
At the same time, proliferation of international tribunals raises the question, to what extent is the International Court of Justice affected? The International Court of Justice, as the principal judicial organ of the United Nations, is the only truly universal judicial body. It is open to all States of the international community. It enjoys a comprehensive subject-matter jurisdiction embracing all aspects of public international law. Yet, its effective jurisdiction remains consensual and constrained.
In view of the breadth of the Court's concerns, it is natural that the jurisdiction of specialized and regional judicial bodies partially overlaps the general and universal jurisdiction of the Court. States thus increasingly have a choice between the International Court of Justice and other legal fora.
- Type
- Chapter
- Information
- Justice in International LawFurther Selected Writings, pp. 101 - 107Publisher: Cambridge University PressPrint publication year: 2011