Courts Lecture notes

Introduction to International Courts

• The International Court of Justice (ICJ) is primarily the main court for states.

• Logos of courts often share a similar design, generally incorporating symbols of justice such as scales.

• The video explores similarities and differences among various international courts.

Concepts of Court Functions

• Discusses compliance, enforcement, and effectiveness.

• Focus on enforcement mechanisms, particularly:

  • Horizontal Enforcement: reciprocity and retaliation mechanisms existing among states.

  • Vertical Enforcement: enforcement from above, as seen in international courts.

Characteristics of International Courts

• Observations of characteristics of courts: structure, responsibility, and powers compared to domestic courts.

• International courts maintain a similar appearance to domestic courts but function differently in enforcement.

• Questions raised about the power of international courts within an anarchic system where states are sovereign actors.

Judicialization of Global Governance

• Judicialization involves increasing reliance on courts as enforcement mechanisms in international law.

• Definition of adjudication: formal judgment on legal disputes.

• Growing judicialization allows a wider scope of public policy disputes to be addressed through courts, as states increasingly delegate dispute resolution roles.

Power Dynamics of International Courts

• Not all international courts have the same authority; notable increase in judicial activity since the 1980s.

• European Court of Justice (ECJ) is highlighted for its binding rulings, while other courts like the Andean Tribunal have far less activity.

• The International Court of Justice remains less frequently utilized compared to the ECJ.

Case Study: The ICJ and International Disputes

• Example of the Rohingya minority case against Myanmar initiated by The Gambia, highlighting how cases can involve serious international matters.

• Discussion of provisional measures by the ICJ and the limitations of its power, especially in anarchic systems.

• The ICJ lacks enforcement power; compliance relies on states to uphold rulings and facilitate justice.

Mechanisms of Enforcement in International Law

• International courts can raise the costs of violations but cannot force compliance directly.

• They encourage states to adopt effective compliance through mechanisms of reciprocity and reputation management.

Case Study: European Court of Justice (ECJ)

• Functions similarly to the US Supreme Court but focuses exclusively on EU law rather than national law.

• Discusses the establishment of the ECJ, its evolving role, and how it has gained autonomy over time.

• Examples of significant rulings that shaped the doctrines of direct effect and supremacy of EU law over national law.

Case Study: World Trade Organization (WTO)

• The WTO serves as an international body for trade disputes with a strong dispute resolution mechanism.

• Distinction from ICJ: WTO caseloads are more systematic due to compulsory membership and accessibility of its mechanisms.

• Detailed procedural overview of the WTO's dispute settlement mechanisms, highlighting stages from consultations to outcomes.

Case Study: International Criminal Court (ICC)

• The ICC serves as a permanent court initiated to address serious international crimes.

• Not all states are members; notable omissions include the USA and Russia.

• Notability of its jurisdiction in war crimes, genocide, and crimes against humanity along with cases initiated by state or UN referral.

• Challenges faced by the ICC with state cooperation and its dependency on states for enforcement actions and budget.

Criticism and Support of ICC

• Critics argue the ICC is either too weak due to infrequent cases or too strong leading to perceptions of bias.

• Importance of perceived legitimacy and the challenges faced by the ICC in terms of international cooperation and the effectiveness of its mandates.

Conclusion

• The role of international courts illustrates a complex interplay between legal authority and state sovereignty.

• Importance of considering both the strengths and limitations of international legal institutions while assessing their effectiveness and power mechanisms.