The New International Courts
iCourts Working Paper Series No. 2
54 Pages Posted: 9 Oct 2015 Last revised: 2 Apr 2019
Date Written: September 1, 2013
This is an empirical overview of the transformation of the international judiciary in the last 75 years, documenting the proliferation and increased usage of ICs in recent times, presenting a birds’-eye overview of the international judiciary today. It identifies a shift from "old-style" ICs, voluntary inter-state dispute resolution bodies. Starting in Europe, and spreading since the end of the Cold War, is a proliferation of more independent and active "new-style" international courts, ICs with compulsory jurisdiction and access for non-state actors to initiate litigation. These ICs have jurisdiction over international economic, human rights and mass atrocities criminal law, and delegation to ICs is more common in Europe, Latin America and Africa. The chapter shows how the creation, release of design-hobbles, and growing usage of international courts accelerated greatly at the end of the Cold War. The book includes another chapter that explains how two critical junctures -- World War II and the end of the Cold War -- contributed to building the international judiciary of today. At the end of the chapter, I have appended a table of context that includes abstracts of the book chapters and a case study index.
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