Article 8: international courts; uneven judicialization in the global order
Preview: International courts vary in the degree to which they rest on consent of delegation
from the affected states or legal persons. The problem the author raises here is the
unevenness in judicialization in the international courts. Many kinds of issues are not densely
judicialized in international courts, even if some may very occasionally reach a tribunal. The
relative absence of judicialization of subjects - like anti-terrorism, military and many more
subjects - areas is readily explicable and, in many cases, may be preferable, given the
severe limits of what tribunals can manage or achieve, but this absence is an important part
of the picture.
Preview: International courts vary in the degree to which they rest on consent of delegation
from the affected states or legal persons. The problem the author raises here is the
unevenness in judicialization in the international courts. Many kinds of issues are not densely
judicialized in international courts, even if some may very occasionally reach a tribunal. The
relative absence of judicialization of subjects - like anti-terrorism, military and many more
subjects - areas is readily explicable and, in many cases, may be preferable, given the
severe limits of what tribunals can manage or achieve, but this absence is an important part
of the picture.
