On the Judicialisation of International Law
The judicialisation of international law is a relatively recent phenomenon that gained momentum in the 1990s and 2000s. Coupled with the trend towards widespread compulsory jurisdiction, it has been crucial in strengthening the commitment of states to adhere to their international obligations. Anot...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2017-12-01
|
| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| Subjects: | |
| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/12187 |
| _version_ | 1797839952323543040 |
|---|---|
| author | Adam Wiśniewski |
| author_facet | Adam Wiśniewski |
| author_sort | Adam Wiśniewski |
| collection | DOAJ |
| description |
The judicialisation of international law is a relatively recent phenomenon that gained momentum in the 1990s and 2000s. Coupled with the trend towards widespread compulsory jurisdiction, it has been crucial in strengthening the commitment of states to adhere to their international obligations. Another important effect of judicialisation on international law is that at least certain international norms have acquired an “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 independent judicial bodies. The process of judicialisation, while contributing to the international rule of law, has undoubtedly changed the face of international law a great deal as a result of some other factors. The multiplication of international courts has led to the expansion of the judicial institutional layer, making international law less horizontal. Also, as a result of the growing case-law of these courts, the system of international law is becoming more complex and developed, and thus also more mature. The natural aspect of the judicial function is the development of international law. Despite the problems and risks involved, the proliferation of international courts and tribunals can be perceived as one of the important components of the dynamic transformation of international law during the recent decades.
|
| first_indexed | 2024-04-09T16:05:27Z |
| format | Article |
| id | doaj.art-96b91eab91b047289e1cafbcf4afb1f1 |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-09T16:05:27Z |
| publishDate | 2017-12-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-96b91eab91b047289e1cafbcf4afb1f12023-04-25T06:41:55ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762017-12-01710.14746/ppuam.2017.7.03On the Judicialisation of International LawAdam Wiśniewski0University of Gdańsk, Faculty of Law and Administration, Bażyńskiego 6, Gdańsk 80- 309, Republic of Poland The judicialisation of international law is a relatively recent phenomenon that gained momentum in the 1990s and 2000s. Coupled with the trend towards widespread compulsory jurisdiction, it has been crucial in strengthening the commitment of states to adhere to their international obligations. Another important effect of judicialisation on international law is that at least certain international norms have acquired an “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 independent judicial bodies. The process of judicialisation, while contributing to the international rule of law, has undoubtedly changed the face of international law a great deal as a result of some other factors. The multiplication of international courts has led to the expansion of the judicial institutional layer, making international law less horizontal. Also, as a result of the growing case-law of these courts, the system of international law is becoming more complex and developed, and thus also more mature. The natural aspect of the judicial function is the development of international law. Despite the problems and risks involved, the proliferation of international courts and tribunals can be perceived as one of the important components of the dynamic transformation of international law during the recent decades. https://pressto.amu.edu.pl/index.php/ppuam/article/view/12187public international lawjucicialisationmultiplication of international courts |
| spellingShingle | Adam Wiśniewski On the Judicialisation of International Law Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza public international law jucicialisation multiplication of international courts |
| title | On the Judicialisation of International Law |
| title_full | On the Judicialisation of International Law |
| title_fullStr | On the Judicialisation of International Law |
| title_full_unstemmed | On the Judicialisation of International Law |
| title_short | On the Judicialisation of International Law |
| title_sort | on the judicialisation of international law |
| topic | public international law jucicialisation multiplication of international courts |
| url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/12187 |
| work_keys_str_mv | AT adamwisniewski onthejudicialisationofinternationallaw |