Binding Int. Judicial Bodies

The ideal of binding adjudication by International Judicial or Quasi-Judicial bodies in Interstate and Transnational disputes.

Even though some international tribunals have been successful in many important fields, private entities may be bound to some extent of such adjudication but such legal mechanism for States is slim to none because the most important of international organizations like Judicial Bodies in this regard are yet to be independent from State intervention and from international political influence of stronger States lacking impartiality; also keeping in view the principle of state sovereignty.

It is evident that any judicial organ whether is national or international requires certain attributes to be successful; the most vital of which is independence from any influence of political nature or otherwise. The fact that in an international judicial organ, judges are often nationals of the parties to a dispute or that the jurisdiction is often denied by the States at various grounds or the fact that unlike domestic courts there is no unified system for enforcement etc. are some of the considerable aspects making the adjudication non-binding and weak over States.

Organizations like UN Security Council, WTO, PCA and ICJ are among the most important of recent judicial developments of International legal framework but are neither easily accessible, nor independent, nor universally binding in its true essence.

This is “food for thought” for many students of International Law. We value your opinion for healthy discussions to take place and spread knowledge, so please do share your views on the subject in the comments below.