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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

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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 Law
Further Selected Writings
, pp. 101 - 107
Publisher: Cambridge University Press
Print publication year: 2011

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