Download this Paper Open PDF in Browser

Trial and Error in International Judicialization

C. Romano, K. Alter & Y. Shany, eds., The Oxford University Press Handbook of International Adjudication, Oxford University Press, 2013, pp. 111-134

Loyola-LA Legal Studies Paper No. 2013-46

25 Pages Posted: 19 Dec 2013  

Cesare P.R. Romano

Loyola Law School Los Angeles

Date Written: December 17, 2013

Abstract

The “standard narrative of international judicialization” is a largely linear story of successes from nineteenth-century arbitration to the current constellation of adjudicative bodies. The stars of the standard narrative are the International Court of Justice (ICJ), the dispute settlement system of the World Trade Organization (WTO), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC). These are the protagonists of most of scholarly literature on international adjudication. However, there are other possible narratives, equally true and instructive. One could tell, for instance, the story of the many international courts that never opened their doors and exist only on paper. Or, one could tell the story of the lesser known and less successful siblings of the heroes of the standard narrative of international judicialization. The addition of this alternative narrative yields a more credible and precise picture of the rise of international courts and its dynamics. Indeed, if one considers that for every contemporary thriving body, there are at least twice as many that failed to set sail, or got caught in the doldrums, or even sunk after launch, the most plausible account of the rise of international adjudication is one of progress through trial and error.

This chapter presents some of the less-known, but hard-won lessons of international adjudication. First, it tells the stories of some of the courts that failed to come into existence or that were never activated, such as the International Prize Court, several Arab and Islamic international courts (e.g. the Arab Court of Justice and the International Islamic Court of Justice), and the Court of Conciliation and Arbitration of the Organization for Security and Cooperation in Europe. Second, it looks at the difficulties experienced by some contemporary international adjudicative bodies, such as the Southern African Development Community Tribunal, the Court of Justice of the West African Economic and Monetary Union and the Court of Justice of the Common Market of Eastern and Southern Africa, the Mercosur Permanent Review Tribunal, and several Central American international courts.

Suggested Citation

Romano, Cesare P.R., Trial and Error in International Judicialization (December 17, 2013). C. Romano, K. Alter & Y. Shany, eds., The Oxford University Press Handbook of International Adjudication, Oxford University Press, 2013, pp. 111-134; Loyola-LA Legal Studies Paper No. 2013-46. Available at SSRN: https://ssrn.com/abstract=2369136

Cesare Romano (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

Paper statistics

Downloads
71
Rank
286,028
Abstract Views
310