Pojęcie „międzynarodowego wymiaru sprawiedliwości” na kanwie Hansa Kelsena projektu sądu światowego
Concept of „international justice” against the background of the Hans Kelsen’s global court project

Summary/Abstract: International courts and tribunals, due to their rapid development especially over the past three decades, are currently at the center of scientific debate led by the dogmatists of international law. The article argues that contemporary international courts and tribunals are currently subject to major changes, such as their significant multiplication, fragmentation, functionalism, and regionalism, as well as the expansion of the scope of their jurisdiction. The investigation of the thesis formulated by Hans Kelsen in the middle 1940s can be useful to assess whether these changes may contribute to the wider implementation of the function of international justice by international courts and tribunals. The Author isolated and presented the Hans Kelsen’s theory of the evolution of justice and his thesis on obligatory jurisdiction and the general nature of the scope of the jurisdiction of international courts and tribunals. Next, Kelsen’s proposals have been discussed in the critical context of allegations against international judiciary concerning the lack of legitimacy, democratic deficit and the lack of restraint in the exercise of judgments. In conclusion, the article affirms some of the changes in the contemporary model of international justice which in the light of Hans Kelsen’s thesis leads to the conclusion that international law is evolving towards the formation of sui generis international justice.

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