Remarks on multiplication of international courts Cover Image

Uwagi o multiplikacji sądów międzynarodowych
Remarks on multiplication of international courts

Author(s): Adam Wiśniewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: The multiplication of international courts coupled with the widespread compulsory jurisdiction has been crucial to strengthening the commitment of states to adhere to their international obligations. Another important effect of the judicialization on international law is that at least certain international norms acquired “objective” nature, detached from the will of states. This is because the interpretation and application of these norms is no longer dependent solely upon the subjective discretion of states but is subject to consideration and examination by the independent judicial body. Judicialization can thus be rightly presented as the process of timing the Leviathan and gradually subjecting him to the international rule of law. The process which undoubtedly changes a great deal the face of international law due also to some other consequences.The multiplication of international courts leads to the expansion of the judicial institutional layer making international law less horizontal. Also, as the result of the growing case of these courts the system of international law becomes more complex, developed and by this also mature. The natural aspect of the judicial function is the development of international law. Despite problems and risks involved, the proliferation of international courts and tribunals can be perceived as one of important components of the dynamic transition of international law during the recent decades.

  • Issue Year: 2016
  • Issue No: XXXVI
  • Page Range: 477-492
  • Page Count: 16
  • Language: Polish