Mednarodno sodstvo: bric-a-brac ali sistem?

slovenian

2013

volume 68, issue 11/12

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The purpose of this article is trying to answer a question whether international judiciary is merely bric-a-brac a series of unrelated institutions, or whether it forms a system. The author is taking a broad and practical approach to international judiciary. According to the author the criteria for the definition of international judiciary are the following: (a) the creation by an international instrument, (b) deciding on the basis of international law, (c) legally binding nature of the decision, and (d) the decision-making power in cases where at least one party is state or international organization. This approach does not exclude ad hoc courts and arbitrations. It is supported also by case-law analyses of the coherency of international law, which concern permanent international courts, ad hoc tribunals, international arbitrations and regional courts. In this regard proliferation and decentralization are identified as two general characteristics of international judiciary. Particularly exposed is the issue of guaranteeing coherence of international law by the decentralized international judiciary, as this is also one of the aims of every national judicial system. The author concludes that international judiciary cannot be characterized as a (single) system or as a bric-a-brac. It is accurate, if the current stage of international justice is defined as a system in progress (in statu nescendi). While no formal hierarchy among international courts exists, there is a legal awareness of the need for cooperation and of the potential problems, but such awareness has not been reflected in concrete actions yet.

20.01.2017