La “judicialización”: una nueva característica del sistema jurídico internacional

Abstract

The multiplication of the international tribunals is a recent phenomenon in the international level. During the major part of its history, the international legal system has been characterized by the insipience of the judicial settlement of disputes. As a consequence of some complex reasons, nowadays, this system is “judicialized”. The end of the Cold War, the globalization of the economy, the extension of the ratione materiae and ratione personae sphere of application of the international rules, the growing importance of the non-state actors in the international relations and the shift from the consensual character of the international justice has fostered the beginning and the development of the “judicialization” of the international legal system. This process has a lot of positive effects but it also creates some important challenges for the function of the international legal order. Those challenges rely, specially, on the lack of institutional links between the international tribunals and the growing specialization of their judicial function.