International Courts and tribunals and violent conflict

Tams, C. J. (2021) International Courts and tribunals and violent conflict. In: Geiss, R. and Melzer, N. (eds.) The Oxford Handbook of the International Law of Global Security. Series: Oxford handbooks. Oxford University Press: Oxford, pp. 735-756. ISBN 9780198827276 (doi: 10.1093/law/9780198827276.003.0041)

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This chapter examines international adjudication and arbitration, assessing the diverse roles of international courts and tribunals (ICaTs) in relation to violent conflicts. It shows that, over time, ICaTs have come to render decision upon decision, but—contrary to the expectations of early arbitration movements—hardly ever prevent ‘wars between nations’. Their mandates have been expanded, but typically only cover aspects of violent conflicts. While such aspects are today increasingly submitted to arbitration or adjudication, ‘conflict litigation’ remains controversial and challenges the authority of ICaTs. As the chapter demonstrates, the significance of arbitration and adjudication over questions of violent conflict has varied over time and forms part of the general history of international dispute resolution. Having surveyed this general history, the chapter sketches out the evolving legal framework governing courts and conflicts. It discusses which aspects of violent conflicts are addressed by ICaTs under contemporary international law and highlights current challenges of ‘conflict litigation’.

Item Type:Book Sections
Glasgow Author(s) Enlighten ID:Tams, Professor Christian
Authors: Tams, C. J.
College/School:College of Social Sciences > School of Law
Publisher:Oxford University Press
Published Online:10 March 2021

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