The Challenge of “Proliferation”: An Anatomy of the Debate

Abstract

This chapter examines three debates concerning the “proliferation” of international courts and tribunals. These debates raise questions about legalization, coherence, and openness. The question of “legalization” refers to the increasing availability and reach of international adjudication to address questions hitherto covered by considerations of sovereignty, non-intervention, and political opportunity. The question of “coherence” encompasses issues such as forum competition and forum shopping, conflicting decisions, the role of precedent, the development/use of coordination techniques and/or of control systems. The question of “openness” looks at the integration of values and interests, protected by certain branches of international law, into other branches. The article concludes with some remarks about the legitimacy of international adjudication.