Adjudication: International Arbitral Tribunals and Courts

PEACEMAKING IN INTERNATIONAL CONFLICT: METHODS AND TECHNIQUES, pp. 195-226, William Zartman, ed., United States Institute of Peace, 2007

Univ. of Wisconsin Legal Studies Research Paper

18 Pages Posted: 16 Jul 2010  

Richard Bilder

University of Wisconsin Law School

Date Written: 2007

Abstract

This essay, a chapter in a U.S. Institute of Peace sponsored study of various methods and techniques for seeking to manage or resolve international disputes and conflicts, focuses on the role of international adjudication as a method of international dispute settlement. The chapter discusses inter alia: (1) some broad caveats regarding the usefulness of international adjudication, as compared with other the techniques of international dispute settlement, the somewhat different role of adjudication in national legal orders, the preference for non-adversarial methods in some – particularly non-western - societies, and the historic ambivalence of the U.S. government towards international adjudication; (2) the nature of international adjudication, including a description of how international arbitration and international judicial settlement typically operate and the factors that may influence states in choosing between them; (3) a detailed description of the International Court of Justice (ICJ), its jurisdiction, its work, and U.S. attitudes towards the Court; (4) the question whether there are now too many international tribunals; (5) the advantages and disadvantages of adjudication as a dispute management technique; (6) the reasons why the author believes international adjudication deserves the international community’s encouragement and support, and (7) a list of measures that might be taken to facilitate and encourage the use of international adjudication.

Keywords: International Dispute Resolution, International Dispute Settlement, International Adjudication, International Courts, International Arbitration, International Court of Justice, International Law

JEL Classification: K33, K40, K41, K42

Suggested Citation

Bilder, Richard, Adjudication: International Arbitral Tribunals and Courts (2007). PEACEMAKING IN INTERNATIONAL CONFLICT: METHODS AND TECHNIQUES, pp. 195-226, William Zartman, ed., United States Institute of Peace, 2007; Univ. of Wisconsin Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=1641165

Richard Bilder (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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