All
 
|
 
 


International courts: evolution of competence and influence on the maintenance of international legal and order
 
PIIS102694520019383-2-1
DOI10.31857/S102694520019383-2
Publication type Article
Status Published
Authors
Konstantin L. Chayka 
Occupation: Deputy Chairman of the EAEU Court
Affiliation: Court of the Eurasian Economic Union
Address: Republic of Belarus, Minsk
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages138-149
Abstract

The development of international relations at the turn of the XIX - XX centuries led to an increase in the importance of the peaceful settlement of interstate disputes, which acquired the institutionalized form of the International Court of Justice. Initially, international courts functioned on a temporary basis and were established to resolve a specific dispute, but as interstate conflicts became more complex and their number increased, the trend towards the formation of permanent judicial bodies became key.

The doctrine has developed an approach by virtue of which the International Court of Justice is an independent body acting on a permanent basis on the basis of an international treaty or created by a decision of an international organization body authorized to resolve disputes in accordance with International Law and make decisions binding on the parties.

A retrospective analysis of international treaties on the establishment of international courts demonstrates the transformation of their competence from the resolution of interstate disputes to the granting of the right to consider cases of human rights violations, to overcome legal conflicts between the bodies of integration associations and individuals and legal entities on economic issues, as well as to pass criminal sentences. The evolution of the competence of international courts is accompanied by the expansion of the circle of persons entitled to initiate legal disputes, which, in addition to States, includes individuals and legal entities.

The transformation of the competence of international courts, their regionalization and specialization lead to a change in their role in regulating international relations. There is a transition from the peaceful settlement of interstate disputes to the protection of human rights, overcoming conflicts within the framework of integration associations, including with the participation of individuals and legal entities.

Keywordscompetence of international courts, settlement of interstate disputes, protection of human rights, International Court of Justice, International Tribunal for the Law of the Sea, European Court of Human Rights
Received30.12.2021
Publication date29.03.2022
Number of characters41285
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 4, views: 513

Readers community rating: votes 0 

1. Abashidze A. Kh., Solntsev A.M. Peaceful settlement of international disputes: modern problems. 2nd ed. M., 2012 (in Russ.).
2. Bondar N.S. The conventional jurisdiction of the European Court of Human Rights in relation to the competence of the Constitutional Court of the Russian Federation // Journal of Russian law. 2006. No. 6. P. 113–127 (in Russ.).
3. Vereshchetin V.S. Armed conflicts and the International Court of Justice of the United Nations // International Lawyer. 2005. No. 4 (in Russ.).
4. Vereshchetin V.S. Some aspects of the correlation of International and national Law in the practice of the International Court of Justice of the United Nations // Russian legal journal. 2002. No. 3 (25). P. 19 - 27 (in Russ.).
5. Vinogradova E.V. International Criminal Court: issues of immunity of officials // Eurasian Advocacy. 2019. No. 3 (40). P. 79 (in Russ.).
6. Kalamkaryan R.A. The International Court of Justice as a judicial body for resolving disputes between States // State and Law. 2012. No. 8. P. 66 (in Russ.).
7. Kalamkarian R.A. The place and role of the International Court of Justice in the modern world order // State and Law. 2011. No. 9. P. 69 (in Russ.).
8. Krylov S.B. The International Court of Justice. M., 1958. P. 42 (in Russ.).
9. Levin D.B. The principle of peaceful settlement of disputes. M., 1977. P. 56 (in Russ.).
10. Lukashuk I.I. International Law. Special part: textbook. 3rd ed. M., 2005. P. 263 (in Russ.).
11. Lukashuk I.I. International Criminal Court // Russian legal journal. 1999. No. 2 (22). P. 77 (in Russ.).
12. Solntsev A.M. On the 15th anniversary of the International Tribunal for the Law of the Sea // // Russian legal journal. 2012. No. 4. P. 65 (in Russ.).
13. Hadson M.O. International courts in the past and future. M., 1947. P. 31 (cit. by: Shinkaretskaya G.G. Judicial means of resolving international disputes (development trends): dis. ... Doctor of Law. M., 2010. P. 35) (in Russ.).
14. Shinkaretskaya G.G. On the question of the Economic Court of the Commonwealth of Independent States // Eurasian legal journal. 2009. No. 7 (14). P. 15 - 18 (in Russ.).
15. Shinkaretskaya G.G. Dispute resolution in international courts. LAP Lambert Academic Publishing, 2014 (in Russ.).
16. Shinkaretskaya G.G. Court of the Eurasian Economic Community and the Customs Union // International Justice. 2012. No. 1 (2). P. 98 - 106 (in Russ.).
17. Shinkaretskaya G.G. Judicial means of resolving international disputes (development trends): dis. ... Doctor of Law. M., 2010. P. 22, 23, 33, 50 (in Russ.).
18. Judicial Settlement of International Disputes. International Court of Justice and Other Courts and Tribunals. Arbitration and Conciliation. An International Symposium. Berlin, Heidelberg, New York, 1974. P. 50, 52, 54, 72.
19. Lauterpacht G. The Development of International Law by the International Court (Steven & Sons Limited, 1958). Reprinted by Cambridge, 1982. P. 3–6.
20. Robertson A.H. Human rights in Europe. Manchester, 1963. P. 2, 3.
21. Roelofsen C.G. International Arbitration and Courts // The Oxford Handbook of the History of International Law / ed. by B. Bardo, A. Peters. Oxford, 2012. P. 168.
22. Rosenne Sh. A Role for the International Court of justice in Crisis Management? in State, Sovereignty, and International Governance / ed. by G. Kreijen, M. Brus, J. Duursma, etc. Oxford, 2002.
23. Rosenne Sh. The Law and Practice of the International Court 1920 - 2005, 4th ed. Leiden, 2006. P. 175 - 193.
24. Rosenne Sh. The World Court: What It Is and How It Works. Boston, London, 1989. P. 3–8, 13.
25. Zyberi G. The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest // Promoting Peace Through International Law / ed. by C.M. Bailliet, K. Mujezinović Larsen. Oxford, 2015. P. 342 - 365.

Система Orphus

Loading...
Up