LibGuides: Public International Law Research: International Courts & Tribunals

General Overview of International Courts

Overview of International Courts

International Courts

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)

Examples of International Courts

The following table highlights some of the major international courts and provides links to additional resources for each. This Research Guide provides detailed overviews of researching the International Court of Justice, the International Criminal Court, and ad hoc criminal tribunals.

Court Name	Scope of Authority	Subject Matter
International Court of Justice	United Nations member states and UN organs	Primary judicial body for the United Nations. Adjudicates disputes amongst member states.
International Criminal Court	Rome Statute signatory states	Prosecutes state-members' citizens for genocide, crimes against humanity, war crimes, and the crime of aggression.
International Tribunal for the Law of the Sea	UN Convention on the Law of the Sea signatory states	Adjudicates disputes amongst signatory states dealing with the law of all ocean space, its uses and resources.
European Court of Human Rights	Member states of the Council of Europe	Established by the European Convention of Human Rights and hears applications from individuals alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights in the Convention.
European Court of Justice	Member states of the European Union	Highest court of the European Union. Tasked with interpreting EU law and ensuring its equal application across all EU member states.

Overview of International Criminal Courts

The Rules, Practice, and Jurisprudence of International Courts and Tribunals by Chiara Giorgetti (Editor)
ISBN: 9789004194823
Publication Date: 2012-02-17
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 makes 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), specialised 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.
The Practice of International and National Courts and the (De-)Fragmentation of International Law by Ole Kristian Fauchald (Editor); André Nollkaemper (Editor)
ISBN: 9781849462471
Publication Date: 2012-03-09
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. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Assessing the Effectiveness of International Courts by Yuval Shany
ISBN: 9780199643295
Publication Date: 2014-03-30
This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data.Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence,legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Tribunals for Rwanda and Yugoslavia, the European Court of HumanRights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutionsprovide.