The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. 

The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. 

 ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.  

part I|72 pages

Regional Challenges

chapter 3|18 pages

India and international dispute settlement

Some reflections on India’s participation in international courts and tribunals

chapter 4|21 pages

China’s attitude towards international adjudication

Past, present and future

part II|71 pages

Institutional Challenges

chapter 7|14 pages

The functions of the International Court of Justice

Tending to the law while settling disputes?

chapter 8|19 pages

Delegitimation of global courts

Lessons from the past

chapter 10|16 pages

Learning lessons through the prism of legitimacy

What future for international criminal courts and tribunals?

part III|94 pages

Procedural challenges

chapter 12|18 pages

Towards separate opinions at the Court of Justice of the European Union

Lessons in deliberative democracy from the International Court of Justice and elsewhere

chapter 13|18 pages

From warfare to ‘lawfare’: increased litigation and rise of parallel proceedings in international courts

A case study of Ukraine’s and Georgia’s action against the Russian Federation

chapter 15|20 pages

Not just a wit, but a cause of wit in others

The influence of human rights in international litigation