Jump to ContentJump to Main Navigation
The Perils of Global Legalism$
Users without a subscription are not able to see the full content.

Eric A. Posner

Print publication date: 2009

Print ISBN-13: 9780226675749

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226675923.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 25 June 2022

The Fragmentation of International Justice

The Fragmentation of International Justice

Chapter:
(p.150) Chapter Seven The Fragmentation of International Justice
Source:
The Perils of Global Legalism
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226675923.003.0007

The international adjudicatory environment is a bewildering jungle of judicial, quasi-judicial, and advisory bodies, some global and some regional or bilateral, with overlapping jurisdiction and no hierarchical structure to ensure uniformity in the law. Aside from the International Court of Justice, there is an International Tribunal for the Law of the Sea, the World Trade Organization Dispute Settlement Mechanism, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, and the European Court of Justice (ECJ). Why are there so many international tribunals? Why isn't there a hierarchical system of the type that exists in nation-states? After surveying the international judicial landscape, this chapter argues that the fragmentary tribunals are the result of a collision between the ambitions of global legalism and the realities of politics. It focuses on the Inter-American Court on Human Rights, the General Agreement on Tariffs and Trade and World Trade Organization, the European Court of Human Rights, and the ECJ, and then comments on the links between arbitration, adjudication, and global legalism.

Keywords:   international tribunals, global legalism, politics, Inter-American Court, Tariffs and Trade, World Trade Organization, Human Rights, ECJ, arbitration, adjudication

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.