International Courts & Jurisdictional Overlaps

This assignment explores the complexities arising from multiple international courts with overlapping jurisdictions. It examines how differing decisions in similar cases, such as those involving violations of humanitarian law, can create contradictions and undermine the objective of international law – maintaining peace and resolving disputes. The assignment uses specific examples like the Nicaragua case and Tadic case to illustrate these discrepancies, ultimately arguing that such overlaps impede the flow of justice and hinder the protection of human rights.

Running head: INTERNATIONAL LAW
Multiplicity of International Court
Name of the student:
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Author note

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Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................3
Public International Law........................................................................................................3
International legal personality:...............................................................................................4
Principle of International Law................................................................................................5
Establishment of international court and tribunals.................................................................5
Multiplication of international courts.....................................................................................6
Disadvantages of the multiple courts and tribunal:................................................................6
Relevant case law...................................................................................................................8
Conclusion:................................................................................................................................9
Reference:................................................................................................................................10

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Introduction:
The present report is based on the possibilities or dilemmas regarding the
establishment of multiple courts in the sphere of international legal order. Therefore, it can be
stated that the report will discuss about the topics related to international law and the
principle of it and will throw lights on the reason and outcome of the multiple courts and
tribunals. It should be stated in this case procedural applicability is placed in an important
role and the matter with international credibility are of special importance1. Thus, quick relief
is required in these cases. It is no doubt to state that a judicial dispute should be resolved on
urgent basis and that process can be hampered if contradiction regarding the decrees will take
place. It has been observed by many cases that proliferation of international courts may cause
serious breach if there is any contradictory jurisprudence exists2. It is true that it was an
unbelievable fact to imagine multiplication of international court for the settlement of third
party contradiction and now the whole world is facing the problem. However, all the aspects
of existence of multiple of courts are to be discussed in the report and an attempt has been
made to understand the base of the same.
1 Crawford, James, and Thomas D. Grant. "International Court of Justice." The Oxford Handbook on the United
Nations (2017).
2 Elias, Taslim. The international court of justice and some contemporary problems: essays on international law.
Vol. 2. Springer Science & Business Media, 2013.

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Discussion:
Public International Law
The present topic is based dilemma faced in the international law regarding the
overseas disputes3. It is necessary in this case to understand the meaning of international law
before discussing about the factual difficulties4. The main objective of the international law is
to bind the states and the other entities of international recognition with certain rules. It has
been mentioned under the several provisions of the international law that the main aim of the
law is to establish equality among all the states. It has been mentioned under the charter of
the United Nation that it is the discretionary power of the states to adopt the rules of the
international law5. Public international laws are concerned regarding the matters like
terrorism, diplomatic relation, disputes regarding the trade. It is the ultimate duty of the
international law is to secure the interest of the humankind in general and it is implemented
policies regarding the same. therefore, it can be understood that international law plays an
important role to resolve the disputes and policies are helpful to settle down the dispute
amicably though it is on the will of the nation whether to accept the decision of the court or
not. There is a contradiction made regarding the topic that how to take the policies
implemented by the international law? There is a confliction whether to take the same as an
optional consideration or to regard it as positive morality.
3 Akande, Dapo, and Antonios Tzanakopoulos. "The International Court of Justice and the Concept of
Aggression." (2015).
4 Wellens, Karel. "The International Court of Justice, Back to the Future: Keeping the Dream
Alive." Netherlands International Law Review 64.2 (2017): 193-212.
5 Wiśniewski, Adam. "International Courts and Legalism in International Law." Polish Review of International
and European Law (2017).

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There is a growth observed regarding the overseas dispute and it can be stated that the
international law is playing an important role here. it has been observed that there is a hike of
establishing international court to secure justice6. These courts are empowered with certain
compulsory jurisdiction. As the application of the international law depend on the consent of
the states, the rules and principles of the international law are difficult to ascertain.
International legal personality:
International legal personalities are certain kinds of institution that deals with the
claims regarding the breach of law and if there is, a claim regarding the immunity from the
national jurisdiction arises7. A tiny different can be observed between the international person
and the international personality. States are regarded as the international person whereas
international organisations are regarded as the international personalities. However, United
Nation is considered as the international person in lieu of international personalities, though it
enjoys less capacity if compare to the State. The main objective of the international legal
personality is to secure the rights of the self-determination so that every State can keep their
political status as per their social and cultural development. There is an international court of
justice established under the provinces of the United Nation that dealing with the
international disputes. It has been stated by Gilbert Guillaume, one of the presidents of the
court of justice that certain contradictions have been made regarding the establishment of
multiple numbers of international courts. It has been observed that there are too many
instruments present to resolve the third party dispute.
6 Cohen, Harlan Grant, et al. "Introduction: Legitimacy and International Courts." (2017).
7 De Brabandere, Eric. "The Use of Precedent and External Case Law by the International Court of Justice and
the International Tribunal for the Law of the Sea." The Law & Practice of International Courts and
Tribunals 15.1 (2016): 24-55.

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Principle of International Law
It is clear from the objective of the international law that the rules implemented by it
are binding in nature but its applicability depends on the consent of the states. International
laws are implemented policies in the form of the European Court of Human Rights and
International Criminal Court8. It has been stated under the Article 38 of the International
Court of Justice that there are certain general principles exists in the legal system of the
International law9. The general principles can be categorised as laches, good faith, and
impartiality regarding the decision of the judges. It is the main motto of the international law
to promote the peace and integrity within the global sector. The importance of international
law arises after the World War II and since then, it is improving its standpoint to resolve the
internal disputes and to chalk out the effective policies regarding the same. The principle of
equity and estoppel has been established through the international law system. It is to be kept
in mind that the equity and estoppels principles are not followed the rules like common law.
Establishment of international court and tribunals
After the World War II, it became important to establish an institution that can resolve
the disputes regarding the international matters and establish integrity within the globe. It was
the main objective of the law maker to develop the standard of the dispute settlement and
maintain a traditional equity within the sovereign states10. International courts are following
the principle of international law and delivers judgment that becomes binding to the consent
8 Malintoppi, Loretta. "Fact Finding and Evidence Before the International Court of Justice (Notably in
Scientific-Related Disputes)." Journal of International Dispute Settlement 7.2 (2016): 421-444.
9 MATTERS, MUTUAL ASSISTANCE IN CRIMINAL. "DECISIONS OF INTERNATIONAL COURTS
AND TRIBUNALS." ICLQ 59 (2010): 193-205.
10 Case, Nicaragua. "Case concerning military and paramilitary activities in and against Nicaragua." Judgement
on the Merits(2014).

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countries. Since its establishment, the institution has gained many success and continuing its
nature of commencement in the sector of international disputes.
Multiplication of international courts
The nature regarding the international dispute is growing and therefore, a growing
tendency regarding the establishment of multiple numbers of courts cropped up11. The main
dilemma regarding the same accrues whether the outcome of such establishment is leading
towards the jurisprudential confliction between the courts or it will widen the scope of the
international decisions. Therefore, it can be stated that the importance of understanding the
reasons behind the jurisdictional confliction is necessary.
Disadvantages of the multiple courts and tribunal:
The main danger regarding the establishment of the multiple international court is to
create contradiction between two decisions and it may harm the unity of the international
court. The nature of the contradiction can be either active or passive. An interpretation
regarding the reasons is needed. The main problem regarding the international courts is that
there is no precedential power exists. In LaGrand case, it has been observed that the decision
of the International Court of Justice regarding the consular relations had not been followed up
in the case of Loizidou. The same situation has been observed in the case of Nicaragua
regarding the armed forces’ activities and Tadic case. In the former case, the International
Court of Justice had made certain findings on the responsibilities of the armed forces, which
had been denied by the International Criminal Tribunal in the later case12. Contradiction may
also arise if same case has been filed before two judicial bodies with certain overlapping
11 ARBITRATION, ADHOC, and I. CASE CONCERNING TERRITORIAL. "Decisions of International
Courts and Tribunals." ICLQ 57 (2008): 701-709.
12 Bernhardt, Rudolf. "Encyclopedia of public international law." (2013).

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jurisdiction. The same thing happened in Swordfish case that involves the flag on the Chilean
vessels.
The second problem regarding the multiplication of the international court is that it
may harm the base of unity regarding the international law13. The main problem of the
international law is that in this case, there is no fixed body of rules and the provisions are
uncertain in nature. The power of the law making bodies within the international legal system
becomes precise but in the dispute matters, the role of the judges is not effective. Therefore,
there is a sheer possibility regarding the existence of jurisdictional contradiction.
It is a fact that the nature of the international law is not binding and the applicability
of the same is depending on the consent of the States in general, but it can be stated that the
law will be implemented on the states equally. The international law consists of rules that can
be either community based or custom based14. It has been stated under the international law
that the decision of the court is binding upon the member states of the United Nations.
However, it should be bored in mind that the contradiction regarding the decisions of
different courts related to all the similar nature of matters not to be taken place. One of the
main reasons regarding the contradiction is that where the interpretation of the rules are
applied by different judicial bodies. It has been analysed by many of the researchers that there
are two main reasons regarding the conflicting jurisdiction. First is the establishment of
multiple number of courts and tribunal and the second reason is the interpretation of
provisions that accrues in different context. One of the common fields of confliction is the
human right related matters.
13 Byers, Michael. "Terrorism, the use of force and international law after 11 September." International &
Comparative Law Quarterly51.2 (2012): 401-414.
14 Dinstein, Yoram. The conduct of hostilities under the law of international armed conflict. Cambridge
University Press, 2016.

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According to Article 33 of the UN charter, it is the discretionary power of the states to
choose the way to resolve the matter and in this aspect; it is their will to maintain the decision
of the international courts or tribunals. It is to be remember that there is no judicial hierarchy
present in the international law and that creates certain disadvantageous consequences
regarding the international jurisdiction. Certain doctrines are helpful to avoid the
contradiction in the national judicial body. However, the same will not be applicable in the
case of the international law. One of such doctrine is the stare decisis. According to this
principle, if there are cases of similar nature, the court will follow the precedents and it is not
necessary to interpret the same principle of law or the same categories of legal nature.
However, in case of international law, there is no such provisions of stare decisis and
therefore, contradiction regarding the different courts or tribunals can be observed. The
doctrine of lis pendens is another doctrine regarding the avoidance of litigating contradiction.
It can be stated that if, in the international law, there will be certain provisions regarding the
same applied, jurisdictional contradictions can be removed in a greater way.
Relevant case law
One of the most common principles of contradictory jurisdiction is the difference
between the Nicaragua case and Tadic case.the subject matter of the case evolved with the
conception of armed forces and their role in the provinces of different countries15. It has been
decided by the international court of justice in Nicaragua’s case that the armed forces are to
be controlled if there is any evidences regarding the violation of humanitarian law. However,
in Tadic case, the decision made by the court contradicts with the decisions regarding the
15 Case, Nicaragua. "Case concerning military and paramilitary activities in and against Nicaragua." Judgement
on the Merits(2014).

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Nicaragua’s case. Therefore, many of the researchers consider the grounds of the
contradictions as the decisive difference16.
Conclusion:
Therefore, it can be stated that the existence of multiple courts or tribunals to resolve
the matter with international recognition can be created a number of contradiction over
similar kinds of cases. It should be taken into consideration that the main objective of the
international law is to create integrity among the States and resolve the disputes by
maintaining peace. If there is dispute arises regarding the different decisions of the
international court, the objective of the international law could not be achieved. It is clear
from the above mentioned paragraphs, it is clear that multiple courts with over lapping
jurisdiction will sloth the flow of justice and the human rights will not be secured in this way.
16 Cohen, Harlan Grant, et al. "Introduction: Legitimacy and International Courts." (2017).

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Reference:
Akande, Dapo, and Antonios Tzanakopoulos. "The International Court of Justice and the
Concept of Aggression." (2015).
ARBITRATION, ADHOC, and I. CASE CONCERNING TERRITORIAL. "Decisions of
International Courts and Tribunals." ICLQ 57 (2008): 701-709.
Bernhardt, Rudolf. "Encyclopedia of public international law." (2013).
Byers, Michael. "Terrorism, the use of force and international law after 11
September." International & Comparative Law Quarterly51.2 (2012): 401-414.
Case, Nicaragua. "Case concerning military and paramilitary activities in and against
Nicaragua." Judgement on the Merits(2014).
Cohen, Harlan Grant, et al. "Introduction: Legitimacy and International Courts." (2017).
Crawford, James, and Thomas D. Grant. "International Court of Justice." The Oxford
Handbook on the United Nations (2017).
De Brabandere, Eric. "The Use of Precedent and External Case Law by the International
Court of Justice and the International Tribunal for the Law of the Sea." The Law & Practice
of International Courts and Tribunals 15.1 (2016): 24-55.
Dinstein, Yoram. The conduct of hostilities under the law of international armed conflict.
Cambridge University Press, 2016.
Elias, Taslim. The international court of justice and some contemporary problems: essays on
international law. Vol. 2. Springer Science & Business Media, 2013.

11INTERNATIONAL LAW
Hargrove, John Lawrence. "The Nicaragua Judgment and the Future of the Law of Force and
Self-Defense." American Journal of International Law 81.1 (2016): 135-143.
Malintoppi, Loretta. "Fact Finding and Evidence Before the International Court of Justice
(Notably in Scientific-Related Disputes)." Journal of International Dispute Settlement 7.2
(2016): 421-444.
MATTERS, MUTUAL ASSISTANCE IN CRIMINAL. "DECISIONS OF
INTERNATIONAL COURTS AND TRIBUNALS." ICLQ 59 (2010): 193-205.
Wellens, Karel. "The International Court of Justice, Back to the Future: Keeping the Dream
Alive." Netherlands International Law Review 64.2 (2017): 193-212.
Wiśniewski, Adam. "International Courts and Legalism in International Law." Polish Review
of International and European Law (2017).