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The Oxford Handbook of International Adjudication edited by Romano, Cesare; Alter, Karen; Shany, Yuval (1st December 2013)

Part I Mapping International Adjudicative Bodies, Ch.7 The Challenge of “Proliferation”: An Anatomy of the Debate

Pierre-Marie Dupuy, Jorge E Viñuales

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 May 2019

Subject(s):
Conflict of laws — Jurisdiction — International courts and tribunals, powers — Third party participation — Sovereignty — Legitimacy
In domestic legal systems, disputes are settled by permanent courts with compulsory jurisdiction to hear certain matters. Thus, claims against an individual, a corporation, or even an institution (e.g. a state agency or the state itself) may be brought before a court with the power to make a binding decision on the basis of law. This basic feature of domestic systems is deeply foreign to the realm of international law. For most of the history of international law, compulsory jurisdiction was indeed a taboo. No permanent adjudication mechanism existed prior to the...
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