International Dispute Settlement and the Role of International Adjudication (From International Court of Justice at a Crossroads, P 155-180, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122861
• Author(s): R B Bilder
• Date Published: 1987
• Length: 26 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

International adjudication through the International Court of Justice is examined in terms of its characteristics, advantages, and disadvantages, with emphasis on its implications for the United States and its decision to withdraw its acceptance of the compulsory jurisdiction of the Court under Article 36(2) of the Court statute.

Abstract

Among the advantages of adjudication by a standing tribunal are that it is dispositive, impartial, principled, authoritative, and reinforcing of the legal system. On the other hand, individual nations may perceive some disadvantages to international adjudication. These include its unpredictability and ineffectiveness. In addition, it may not be sufficiently impartial and may be superficial and adversarial. Nevertheless, it can be a valuable adjunct to more commonly used techniques and thus should be strengthened rather than abandoned. Thus, it would be in the national interest of the United States for the government to resume its acceptance of compulsory jurisdiction of the International Court. 70 footnotes.