How effective is international dispute settlement?

Essai , 2008 , 3 Pages , Note: 1,8

Droit - Droit communautaire/européen, Droit international, Droit privé international

The weakness of the dispute settlement mechanisms in international law cannot be denied. However, the number of cases to be regulated is rising and judgments are followed quite often, especially in the globalized and interdependent world.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Morgenthau’s Critique
• The Theoretical Lens: Liberalism vs. Realism
• Challenges to Dispute Settlement
• The Role of Political Influence
• Effectiveness of Dispute Settlement Mechanisms
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This essay aims to evaluate the effectiveness of international law and its dispute settlement mechanisms, particularly in light of Hans Morgenthau’s realist critique. The author analyzes the effectiveness of international law and its dispute settlement mechanisms, considering the different theoretical perspectives of liberalism and realism. The essay explores the following key themes:

• The effectiveness of international law and its dispute settlement mechanisms
• The influence of political power on the effectiveness of international law
• The role of theoretical perspectives (liberalism and realism) in understanding international law
• The impact of globalization and interdependence on the effectiveness of international law
• The importance of reputation and prestige in international relations

Zusammenfassung der Kapitel (Chapter Summaries)

• The essay begins by introducing the topic and outlining the argument that the effectiveness of international law and its dispute settlement mechanisms depends on the theoretical lens through which one views the world.
• The author then explores Hans Morgenthau’s realist critique of international law, highlighting his view that power, rather than law, dictates compliance and enforcement.
• The author delves into the theoretical perspectives of liberalism and realism in international relations, contrasting the values and assumptions of each approach.
• The essay examines various challenges to dispute settlement, including the reliance on state consent, the weakness of diplomatic means, and the reluctance of states to submit issues concerning their vital interests to international courts.
• The author discusses the role of political influence, drawing on Cassese’s argument that the respect for international law is often dependent on the power of states.
• The essay explores the effectiveness of dispute settlement mechanisms, particularly in the economic realm, noting the success of organizations like the WTO and the increasing number of cases brought to the ICJ.

Schlüsselwörter (Keywords)

This essay explores key concepts in international law including dispute settlement mechanisms, realism, liberalism, power politics, state consent, political influence, international organizations, and the role of reputation and prestige in global affairs. The author examines the effectiveness of international law and its mechanisms, considering the complexities of state interests, international cooperation, and the evolving nature of global governance.

• Université: Free University of Berlin (Center for Global Politics)
• Cours: International Law
• Note: 1,8
• Auteur: Natalie Züfle (Auteur)
• Année de publication: 2008
• Pages: 3
• N° de catalogue: V180100
• ISBN (ebook): 9783656027119
• Langue: anglais
• mots-clé: international dispute settlement, international law, Völkerrecht, dispute settlement