Document Type
Book Chapter
Publication Date
2013
Abstract
This chapter on the history of international adjudication will show that courts and tribunals have been part of international law since the emergence of modern international law with the rise of the state system in the mid-seventeenth century. Courts and their role within international law have also been a persistent part of the theoretical debates about the nature of international law. From an early emphasis on arbitration, support grew for the creation of courts with general compulsory jurisdiction. By the late twentieth century, the theoretical trend shifted toward interest in courts with special subject matter jurisdiction, including human rights, trade, law of the sea, and international crime. Interestingly, the rise or “proliferation” of specialized courts has resulted in quite wide-reaching compulsory jurisdiction in specialized areas, as Karen Alter discusses in the next chapter. At the same time, the shift away from a focus on a strong hierarchical judicial system to a more horizontal one may also be leading to fragmentation in the law and a weakening of international law’s identity as a unified legal system.
Recommended Citation
O'Connell, Mary and VanderZee, Lenore, "The History of International Adjudication" (2013). Book Chapters. 61.
https://scholarship.law.nd.edu/book_chapters/61
Publication Information
in The Oxford Handbook of International Adjudication 40 (Cesare PR Romano et al. eds, 2013).