International Adjudication in the Contemporary International Legal Order

Document Type : academic

Author

Assistant Professor, Faculty of Literature and Humanities, Bu Ali Sina University, Hamadan,

Abstract

Today, legislative, executive, and judicial functions have apparently proved to embodied in international legal system, and among these essential tripartite functions, the judicial system has been greatly developed in particular in recent decades. Despite the fact that the increasing number of adjudicative tribunals have led to the fragmentation of international law, it demonstrates judicialization in the broader context of legalism in the aftermath of the World Wars. Moreover, functional transition has been firmly attached to the plurality of tribunals and courts beyond their formal jurisdiction. Notwithstanding, as the international adjudication is based on the consent of States, nowadays, adjudicative forums have actively proved to be international multifunctional actors, contributing to international law, whether in their formal role (i.e., enforcement, administrative, constitutional review, and dispute settlement) or in the material role (i.e., the production of legal knowledge, creation of legal rules, formation and establishment of norm expectations, and strengthening the international rule of law and justice).
constitutional review, and dispute settlement) and the material role (the production of legal knowledge, creation of legal rules, formation and establishment of norm expectations, and strengthening the international rule of law and justice).

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History

  • Receive Date: 01 September 2021
  • Revise Date: 10 December 2021
  • Accept Date: 11 November 2021

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