International courts: evolution of competence and influence on the maintenance of international legal and order

Abstract

The development of international relations at the turn of the XIX - XX centuries led to an increase in the importance of the peaceful settlement of interstate disputes, which acquired the institutionalized form of the International Court of Justice. Initially, international courts functioned on a temporary basis and were established to resolve a specific dispute, but as interstate conflicts became more complex and their number increased, the trend towards the formation of permanent judicial bodies became key. The doctrine has developed an approach by virtue of which the International Court of Justice is an independent body acting on a permanent basis on the basis of an international treaty or created by a decision of an international organization body authorized to resolve disputes in accordance with International Law and make decisions binding on the parties. A retrospective analysis of international treaties on the establishment of international courts demonstrates the transformation of their competence from the resolution of interstate disputes to the granting of the right to consider cases of human rights violations, to overcome legal conflicts between the bodies of integration associations and individuals and legal entities on economic issues, as well as to pass criminal sentences. The evolution of the competence of international courts is accompanied by the expansion of the circle of persons entitled to initiate legal disputes, which, in addition to States, includes individuals and legal entities. The transformation of the competence of international courts, their regionalization and specialization lead to a change in their role in regulating international relations. There is a transition from the peaceful settlement of interstate disputes to the protection of human rights, overcoming conflicts within the framework of integration associations, including with the participation of individuals and legal entities.