This research paper assesses the development of global courts, their structure, impact, and role ... more This research paper assesses the development of global courts, their structure, impact, and role in the global governance system using the International Tribunal for the Law of the Sea as an indicator. First, it outlines the historical emergence of global courts with a special focus on the establishment of the International Tribunal for the Law of the Sea before generally circumscribing international courts and tribunals (ICTs) with general jurisdiction from ICTs with specialized jurisdiction. Additionally, the major judicial mechanisms for dispute settlement as in international arbitration and adjudication will be described. In the following chapter the concrete structure of the Tribunal on the foundation of the United Nations Convention on the Law of the Sea in connection with the Statute of the International Tribunal for the Law of the Sea (the Statute) and other treaties will be assessed before the Tribunals awards are analysed at the example of the MOX Plant case and the Tribunals advisory opinion regarding illegal fishing activities by foreign vessels. Both cases highlight important principles of the emerging discipline of global administrative law. Lastly, an overall analysis discusses corresponding questions, inter alia, the impact of conflicting jurisdiction and the lack of certain enforcement mechanisms in the global legal sphere. It is being assumed that global legal integration is moving forward due to competition through proliferation, although divergent rulings and the lack of enforcement mechanisms do curb their reputation and authority in the global community. According to this research, one can outline global legal regimes as young creations, extremely diverse and numerous. Their main objective is to interact peacefully and cooperatively at the global level. However, the integration process is not finalized yet, its biggest flaw might be the lack of hierarchical structures and concomitant law enforcement mechanisms. Though as described in this paper, the global governance system is not at a lost root, its biggest strength might be its flexibility and resulting ability to create similarly functioning tools, inter alia, principles as the duty to cooperate and mutually owed diligence. With the strengthening of such natural principles, this marbled and heterarchical global governance system can increase its functionality and continue to evolve.
This research paper assesses the development of global courts, their structure, impact, and role ... more This research paper assesses the development of global courts, their structure, impact, and role in the global governance system using the International Tribunal for the Law of the Sea as an indicator. First, it outlines the historical emergence of global courts with a special focus on the establishment of the International Tribunal for the Law of the Sea before generally circumscribing international courts and tribunals (ICTs) with general jurisdiction from ICTs with specialized jurisdiction. Additionally, the major judicial mechanisms for dispute settlement as in international arbitration and adjudication will be described. In the following chapter the concrete structure of the Tribunal on the foundation of the United Nations Convention on the Law of the Sea in connection with the Statute of the International Tribunal for the Law of the Sea (the Statute) and other treaties will be assessed before the Tribunals awards are analysed at the example of the MOX Plant case and the Tribunals advisory opinion regarding illegal fishing activities by foreign vessels. Both cases highlight important principles of the emerging discipline of global administrative law. Lastly, an overall analysis discusses corresponding questions, inter alia, the impact of conflicting jurisdiction and the lack of certain enforcement mechanisms in the global legal sphere. It is being assumed that global legal integration is moving forward due to competition through proliferation, although divergent rulings and the lack of enforcement mechanisms do curb their reputation and authority in the global community. According to this research, one can outline global legal regimes as young creations, extremely diverse and numerous. Their main objective is to interact peacefully and cooperatively at the global level. However, the integration process is not finalized yet, its biggest flaw might be the lack of hierarchical structures and concomitant law enforcement mechanisms. Though as described in this paper, the global governance system is not at a lost root, its biggest strength might be its flexibility and resulting ability to create similarly functioning tools, inter alia, principles as the duty to cooperate and mutually owed diligence. With the strengthening of such natural principles, this marbled and heterarchical global governance system can increase its functionality and continue to evolve.
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Papers by Amelie Barth
First, it outlines the historical emergence of global courts with a special focus on the establishment of the International Tribunal for the Law of the Sea before generally circumscribing international courts and tribunals (ICTs) with general jurisdiction from ICTs with specialized jurisdiction. Additionally, the major judicial mechanisms for dispute settlement as in international arbitration and adjudication will be described. In the following chapter the concrete structure of the Tribunal on the foundation of the United Nations Convention on the Law of the Sea in connection with the Statute of the International Tribunal for the Law of the Sea (the Statute) and other treaties will be assessed before the Tribunals awards are analysed at the example of the MOX Plant case and the Tribunals advisory opinion regarding illegal fishing activities by foreign vessels. Both cases highlight important principles of the emerging discipline of global administrative law. Lastly, an overall analysis discusses corresponding questions, inter alia, the impact of conflicting jurisdiction and the lack of certain enforcement mechanisms in the global legal sphere.
It is being assumed that global legal integration is moving forward due to competition through proliferation, although divergent rulings and the lack of enforcement mechanisms do curb their reputation and authority in the global community.
According to this research, one can outline global legal regimes as young creations, extremely diverse and numerous. Their main objective is to interact peacefully and cooperatively at the global level.
However, the integration process is not finalized yet, its biggest flaw might be the lack of hierarchical structures and concomitant law enforcement mechanisms. Though as described in this paper, the global governance system is not at a lost root, its biggest strength might be its flexibility and resulting ability to create similarly functioning tools, inter alia, principles as the duty to cooperate and mutually owed diligence. With the strengthening of such natural principles, this marbled and heterarchical global governance system can increase its functionality and continue to evolve.
First, it outlines the historical emergence of global courts with a special focus on the establishment of the International Tribunal for the Law of the Sea before generally circumscribing international courts and tribunals (ICTs) with general jurisdiction from ICTs with specialized jurisdiction. Additionally, the major judicial mechanisms for dispute settlement as in international arbitration and adjudication will be described. In the following chapter the concrete structure of the Tribunal on the foundation of the United Nations Convention on the Law of the Sea in connection with the Statute of the International Tribunal for the Law of the Sea (the Statute) and other treaties will be assessed before the Tribunals awards are analysed at the example of the MOX Plant case and the Tribunals advisory opinion regarding illegal fishing activities by foreign vessels. Both cases highlight important principles of the emerging discipline of global administrative law. Lastly, an overall analysis discusses corresponding questions, inter alia, the impact of conflicting jurisdiction and the lack of certain enforcement mechanisms in the global legal sphere.
It is being assumed that global legal integration is moving forward due to competition through proliferation, although divergent rulings and the lack of enforcement mechanisms do curb their reputation and authority in the global community.
According to this research, one can outline global legal regimes as young creations, extremely diverse and numerous. Their main objective is to interact peacefully and cooperatively at the global level.
However, the integration process is not finalized yet, its biggest flaw might be the lack of hierarchical structures and concomitant law enforcement mechanisms. Though as described in this paper, the global governance system is not at a lost root, its biggest strength might be its flexibility and resulting ability to create similarly functioning tools, inter alia, principles as the duty to cooperate and mutually owed diligence. With the strengthening of such natural principles, this marbled and heterarchical global governance system can increase its functionality and continue to evolve.