The International Judge in an age of multiple courts and tribunals

Abstract

This Article focuses on two phenomena that have emerged, and are likely to continue to emerge, from the growth of international courts and tribunals. These phenomena are the engagement of multiple institutions in resolving a particular dispute, and the risk of inconsistency, even conflict, in the jurisprudence of such institutions. We concentrate on several examples, but do not pretend that these are the only examples that international practice can furnish. Nevertheless, they are particularly useful for helping us chart a way forward. To be acceptable and workable, any such exercise must be grounded in the reality of the international legal order and consistent with the fundamental principles and doctrines of international law. Section II presents a conceptual examination of the situation and studies the implications of the expanding world of international courts and tribunals. Section III deals with multiple institution engagement and competing jurisdictions, while Section IV deals with conflicting jurisprudence. Both Sections III and IV are rooted in case studies. Section V concludes the discussion, with Section VI synthesizing the earlier analysis and drawing from relevant practices in both international and domestic systems to develop guidelines to assist the international judge.