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Functioning Conditions of International Jurisdiction

Functioning Conditions of International Jurisdiction / 1. Introduction If parties to a conflict make use of and accept decisions of international courts, these courts can contribute, as instruments of non-violent, peaceful conflict resolution, to a "civilisation of conflict resolution". The critical question therefore is under which conditions and circumstances these institutions can, according to the maxim "peace through law", develop positive effects. Since no effective global authority equipped with superior means of coercion that could guarantee compulsory jurisdiction exists, the creation of the conditions required for the establishment of a successful in- ternational jurisdiction is dependent on the willingness of disputing states to voluntarily recognize jurisdiction and sacrifice a substantial part of their sovereignty. The answer to our question lies in other words with the atti- tude towards international jurisdiction of sovereign states, acting in a mac- rocosm of like independent entities, eager to maintain their interests and to avoid foreign powers or third parties (like courts) disposing over them. Hence the question is not so mueh a legal one as a (power) political one, which must be answered by the application of social science theories and methods. A systematic empirical "inventory" of the system of interna- tional jurisdiction is required that explains http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of International Peacekeeping Brill

Functioning Conditions of International Jurisdiction

Journal of International Peacekeeping , Volume 7 (1): 13 – Jan 1, 2001

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1875-4104
eISSN
1875-4112
DOI
10.1163/187541101X00110
Publisher site
See Article on Publisher Site

Abstract

/ 1. Introduction If parties to a conflict make use of and accept decisions of international courts, these courts can contribute, as instruments of non-violent, peaceful conflict resolution, to a "civilisation of conflict resolution". The critical question therefore is under which conditions and circumstances these institutions can, according to the maxim "peace through law", develop positive effects. Since no effective global authority equipped with superior means of coercion that could guarantee compulsory jurisdiction exists, the creation of the conditions required for the establishment of a successful in- ternational jurisdiction is dependent on the willingness of disputing states to voluntarily recognize jurisdiction and sacrifice a substantial part of their sovereignty. The answer to our question lies in other words with the atti- tude towards international jurisdiction of sovereign states, acting in a mac- rocosm of like independent entities, eager to maintain their interests and to avoid foreign powers or third parties (like courts) disposing over them. Hence the question is not so mueh a legal one as a (power) political one, which must be answered by the application of social science theories and methods. A systematic empirical "inventory" of the system of interna- tional jurisdiction is required that explains

Journal

Journal of International PeacekeepingBrill

Published: Jan 1, 2001

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