The New Terrain of International Law Reaction Paper

"The New Terrain of International Law Reaction Paper "

The author in this paper is presenting the new style of international courts. The new international judicial architecture that review administrative decisions validity, asses state compliance with international law, influence international and domestic politics, serving as a regulative role of creating guidelines and setting expectations and allowing private parties to seek remedies with international legal bodies. The authors theory is that international courts alter politics through alliance with compliance constituencies.

Under Article 38 of its Statute, the International Court of Justice can apply judicial

judgments only as a ‘‘subsidiary means for the determination of rules of law’’. Nevertheless, there are many reasons to believe that international courts and tribunals do play quite an essential role in the advanced development of international law.

Whereas once international law considerably postponed to states in the legislation and enforcement of legal duties, it now defines those duties more and more, and leaves less and less room for state liberty. Regulatory dominance over individuals, a common characteristic of government, is now within the concept of international law and international courts. The outcomes are significant: the alteration of governance, the re-framing of decisions, and the reinforcement of authority. Modern-day international law is very significant from the instrumentality that existed long time ago.

The idea of compulsory jurisdiction is for international courts to be independent and regulate the state’s misconducts because a well-established state to state relation is so vital to the welfare of international security. International...

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...ance, there are no real opportunities for private actors to challenge state non-compliance in courts and tribunals such as the International Court of Justice and the World Trade Organization. While private access to international enforcement entities tends to play out a positive role to cooperation by encouraging better compliance and further expansion of law, this is not a globally available and effective alternative. Not all international treaties include private access, and where they do, private actors sometimes lack the resources necessary to utilize these mechanisms. Unless procedures are backed up with resources, private actors often have limited ability to fulfill the function reserved for them in this form of enforcement. By raising the awareness of rights, rules, and complaint mechanisms, by funding training and research, and by offering moral support.