The Proliferation of Courts and Tribunals: Piecing Together the Puzzle

Abstract

Questions have arisen concerning whether the coherence of international law is threatened by the increasing number of third party forums that decide disputes in accordance with international law. Many believe that the International Court of Justice (ICJ) and its predecessor, the Permanent Court of International Justice have functioned as the supreme court of international law. This is inaccurate but those judgments and opinions are highly influential even beyond the specific cases before the International Court. Some question whether the current trend in international relations to establish additional third party dispute settlement forums might prejudice the coherence of international law. A large number of such forums may create a cacophony of views that would damage the prestige of the ICJ and undermine efforts to promote the effectiveness of international law. Additional forums may not necessarily have a deleterious effect on the international legal system. Rather, they could help to expand the application of international law to disputes not likely to come before the ICJ and may provide additional opportunities to develop the law without undermining its legitimacy.