No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary

  title={No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary},
  author={Yuval Shany},
  journal={European Journal of International Law},
  • Y. Shany
  • Published 1 February 2009
  • Law
  • European Journal of International Law
The article assesses some of the theoretical and practical implications arising out of some recent changes in the field of international dispute settlement: the rise in the number of international courts, the expansion of their jurisdictional powers, their increased invocation by state and non-state parties, and the growing inclination of national courts to apply international law. Arguably, these developments point to the emergence of a new judiciary the operation of which is governed by a new… 

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    For a discussion of these issues see Shany, supra note 10

      See Zimmerman, supra note 17, at 1246 (discussing the dismal record of invoking UN Charter

        Is the Proliferation of International Courts and Tribunals a Systemic Problem? ' , 31 NYU J Int'l L &

        • Policy
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        The Practice and Procedure of the Inter-American Court of Human Rights (2003), at 8 -9; Viljoen and Louw

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        AC 153; R (Al Jedda) v. Secretary of State for Defenc e

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