Globalization and the Rise of International Adjudication

Abstract

This chapter discusses the rise of international adjudication as a means of peaceful settlement of international disputes. The rise of international adjudication is noticeable in three aspects: (1) States are now more willing to create international courts or tribunals; (2) States are more willing to acknowledge the jurisdiction of international courts or tribunals; and (3) States are now more willing to submit their disputes to international adjudication. The recent rise of international adjudication has much to do with fundamental changes that took place in international relations, such as the Cold War, globalization, democratization, and global expansion of human rights norms. As international adjudication is an attempt by States to settle their disputes peacefully through the application of international law, its rise should be viewed as a positive phenomenon which can contribute to the maintenance of international peace and stability. Keywords:globalization; international adjudication; international disputes