UNDERSTANDING THE EFFECTIVENESS OF INTERNATIONAL COURTS AND TRIBUNALS IN INTERNATIONAL DISPUTE SETTLEMENT
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Keywords:
International dispute settlement, International Court of Justice, Permanent Court of Arbitration, international court, mechanism, effectivenessAbstract
International dispute settlement in an era of globalization and development is an area of international law which is always evolving. The mechanisms of international dispute settlement even though conceptually similar to domestic law has fundamental differences when it comes to its implementation. The International Court of Justice (ICJ) and Tribunals are the equivalent to Supreme and High Courts under domestic law which are considered to be tools for dispute settlement. The mechanism of International dispute settlement, unlike the domestic justice system is not centralized in nature which creates its own sets of challenges and hurdles. This paper seeks to analyze whether the International Courts and Tribunals are considered as effective tools for global governance and whether they have fulfilled their purpose and expectations? Various distinctions have been made between different tribunals and courts indicating the flaws in the existing mechanism. It also proposes certain mechanisms and suggestions which could have been adopted by the said court and tribunals ensuring efficacious settlement. The paper specifically looks into the workings of the ICJ and Permanent Court of Arbitration (PCA) drawing a comparison to reach its final conclusion.
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