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In: Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea


There is a need for the international community to make provision for and construct a system of rules and sanctions with far greater binding force than the previous system and which draws its strength of application from the setting up of new international tribunals endowed with personal, subject matter and territorial jurisdiction. It is precisely these courts and tribunals, when ruling that individual cases fall within the scope of the general interests of the community as a whole, which are the institutions best equipped to respond to globalization. Moreover, it is increasingly recognized that courts and tribunals have law-making powers since in the current international legal order the effects of their decisions are often not limited to a single case, i.e. the decisions can be universally valid at least within the geographical area in which the court operates or the sector in respect of which it enjoys jurisdiction. In this connection, the author explores the effects of globalization on international courts and tribunals.

In: The Law & Practice of International Courts and Tribunals