International Courts and Tribunals and Violent Conflict

GCILS Working Paper Series, No. 3, September 2020

28 Pages Posted: 19 Nov 2020

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: September 23, 2020

Abstract

This chapter examines international adjudication and arbitration, assessing the diverse roles of international courts and tribunals (ICaTs) in relation to violent conflicts. It shows that, over time, ICaTs have come to render decision upon decision, but - contrary to the expectations of early arbitration movements - hardly ever prevent ‘wars between nations’. Their mandates have been expanded, but typically only cover aspects of violent conflicts. While such aspects are today increasingly submitted to arbitration or adjudication, ‘conflict litigation’ remains controversial and challenges the authority of ICaTs. As the chapter demonstrates, the significance of arbitration and adjudication over questions of violent conflict has varied over time and forms part of the general history of international dispute resolution. Having surveyed this general history, the chapter sketches out the evolving legal framework governing courts and conflicts. It discusses which aspects of violent conflicts are addressed by ICaTs under contemporary international law and highlights current challenges of ‘conflict litigation’.

Suggested Citation

Tams, Christian J., International Courts and Tribunals and Violent Conflict (September 23, 2020). GCILS Working Paper Series, No. 3, September 2020, Available at SSRN: https://ssrn.com/abstract=3698189 or http://dx.doi.org/10.2139/ssrn.3698189

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
12
Abstract Views
52
PlumX Metrics