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RD International Law 5th Sem

This document provides an overview and outline of a research paper on the contribution of international courts and tribunals to dispute settlement. It introduces the International Court of Justice and International Tribunal for the Law of the Sea as key international judicial bodies. It also notes the growing number of international courts and tribunals and cases referred to them. The aims of the research are to understand the importance of international peace and dispute resolution, and the role of the ICJ and tribunals in international law and resolving disputes. The hypothesis is that while not equivalent to domestic courts, international courts and tribunals are essential for maintaining peace and ensuring compliance with international law. The paper will rely on secondary sources and follow the Bluebook citation style.

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Abhishek Tiwari
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93 views4 pages

RD International Law 5th Sem

This document provides an overview and outline of a research paper on the contribution of international courts and tribunals to dispute settlement. It introduces the International Court of Justice and International Tribunal for the Law of the Sea as key international judicial bodies. It also notes the growing number of international courts and tribunals and cases referred to them. The aims of the research are to understand the importance of international peace and dispute resolution, and the role of the ICJ and tribunals in international law and resolving disputes. The hypothesis is that while not equivalent to domestic courts, international courts and tribunals are essential for maintaining peace and ensuring compliance with international law. The paper will rely on secondary sources and follow the Bluebook citation style.

Uploaded by

Abhishek Tiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT


OF THE COURSE TITLED INTERNATIONAL LAW ON THE
TOPIC: “CONTRIBUTION OF INTERNATIONAL COURTS
AND TRIBUNALS IN DISPUTE SETTLEMENT”

SUBMITTED TO:

MS. SUgANDHA

SUBMITTED BY:
ABHISHEK TIWARI
ROLL NO- 2104
B. A. LLB 4 SEMESTER
TH
1. INTRODUCTION

International courts are formed by treaties between nations or under the authority of an
international organization like the United Nations. Those subject to the court will typically
include signatory states (and, in some cases, private citizens of those states). The authorizing
statute or treaty for an international court will outlines its jurisdiction, usually including the
following:

 Length of time (temporary or permanent)


 Types of disputes handled
 Who may sue (nations states or individual persons)

If we take an example as how it is conducted: -

Judicial dispute settlement mechanisms include inter alia the International Court of
Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS). The Declaration
brought specific attention to the contributions of these international adjudicatory bodies, as
well as other international courts and tribunals, in advancing the rule of law at the international
and national levels.

Established in June 1945 by the Charter of the United Nations, the ICJ is the principal judicial
organ of the United Nations. The Court’s role is to settle, in accordance with international law,
legal disputes submitted to it by States and to give advisory opinions on legal questions referred
to it by authorized United Nations organs and specialized agencies. The ITLOS is an
independent judicial body established by the 1982 United Nations Convention on the Law of
the Sea (UNCLOS) to adjudicate disputes arising out of the interpretation and application of
the Convention between States Parties. There are 167 States Parties to the Convention.

International courts and tribunals are key actors in international law, both because of their
primary dispute resolution function and for their role in developing international law in a more
general sense. Their growing number and complexity make a detailed study of their practice
particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and
Tribunals examines existing international dispute resolution institutions, including those of
general jurisdiction (ICJ, PCA), specialized jurisdiction (ITLOS, ICSID, WTO), as well as
human rights courts, international criminal courts and tribunals, courts of regional integration
agreements, claims commissions and tribunals, and administrative tribunals of international
organizations.

In recent decades there has been a considerable growth in the activities of international
tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established
to control compliance with treaty obligations have adopted decisions in an increasing number
of cases. National courts further add to the practice of adjudication of claims based on
international law.

1.1 AIMS AND OBJECTIVES


The researcher intends to understand:
 The importance of International Peace and Dispute Resolution

 Role of ICJ and Tribunals in International Law and Dispute Resolution

1.2 HYPOTHESIS: -

The researcher believes in the following hypothesis: -

The International Court of Justice and the Tribunals although are not having a binding value
equivalent to municipal courts but are very essential in the maintenance of peace. The
obligations imposed by the International Law are carried out using these courts as an
instrument.

1.3 RESEARCH METHODOLOGY

For the project research, the researcher will rely upon doctrinal method of research

1.4 SOURCES OF DATA

The researcher will be relying on secondary sources to complete the project.


SECONDARY SOURCES- books, newspaper, websites.
1.5 LIMITATIONS
The researcher has time as well as territorial limitations in completing the project.

1.6MODE OF CITATION
The researcher will follow BLUE BOOK (20TH EDITION) for completing the project.

TENTATIVE CHAPTERISATION: -
1. Introduction
2. Scenario Before Establishment of ICJ and Tribunals
3. Role of ICJ
4. Role of International Tribunals
5. Jurisdiction: - Binding or not?
6. Conclusion and Suggestions

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