Skip to main content

IR - One Definition A Day: Adjudication

IR - One Definition A Day: Adjudication

A method of settling disputes by referring them to an established court; as such, it ought not be confused with arbitration. The basis of adjudication is that the adjudicator applies international law to settle the dispute. The creation of the World Court in the present century has meant that the means for international adjudication now exists on a permanent basis. 

In 1920 the Permanent Court of International Justice (JCIJ) was established by the League of Nations and between 1922 and 1940 it made thirty-three judgments and gave twenty-seven advisory opinions. In 1945 the International Court of Justice (ICJ) was established as its successor. The main difficulties both courts have experienced are the limitations upon their jurisdiction. Parties can only submit a case for adjudication by express consent, although there is an optional clause in the statute of the ICJ (see Article 36). Moreover, only states may be party to cases before the Court (Article 34). This has had the effect that important non-state actors, including individuals, cannot directly initiate litigation.

It must be recognised that many disputes are simply not justiciable. International actors find that other modes of conflict settlement allow greater flexibility for bargaining and comprise and do not imply the same loss of control over the outcome that is inherent in adjudication. Also, international law tends to have a status quo orientation. Revisionist states thus tend to find that the use of adjudication does not allow sufficient scope for peaceful change. This must be said notwithstanding the ability of the World Court to apply principles ex aequo et bono if the parties agree (see Article 38).

Although the World Court represents the most significant attempt yet to apply the rule of law in international disputes instead of the more traditional modes of settlement (war, diplomacy, arbitration), it is severely hampered in its operation by the absence of the principle of compulsory jurisdiction. International adjudication is always dependent on the consent of states, and this is rarely given on matters of vital importance. The doctrine of sovereignty is therefore seen by many as an insuperable barrier to the development of the international judicial system. Compulsory jurisdiction is not on the horizon and the international judicial process has played no significant part in the major issues of world politics since 1946 (e.g. The Cold War, the anti-colonial revolution, the North-South division, or the regulation of nuclear weapons).

(Source: Wikipedia)

YourVietBooks is a collection of books on Vietnam for Readers who are interested in Vietnam's History, Culture, Language, Economy, or Business. Most titles are in English, but some are only available in French or Vietnamese. We can provide interested parties an accurate translation of some parts of the books for your research purposes. Translations are done by YourVietnamExpert's qualified and experienced translators.

Popular posts from this blog

Travel to Vietnam - Nhatrang City and Khanh Hoa Province

Travel to Vietnam
Nhatrang City - Khanh Hoa Province

Original Title in Vietnamese: Du lịch miền Trung và Tây Nguyên - Những điều cần biết: Nha Trang Khánh Hòa
By Authors: Nguyen Gia Nung, Thia Ly, Nguyen van Thanh, Khanh Hoa Tourist Ofice
Journalists: Nguyen Hoang Ba, Khue Viet Truong, Dinh Hanh, Dang Minh Chau
Publishers: Chính Trị Quốc Gia (National Politics)

About the Book:
Published in 1998, the information contained in this book is now obsolete but the book itself shows the early efforts of the provincial and central government to gather valuable information for the visitors to Vietnam. More complete information are available under wikipedia.

Complementary from wikipedia

GeographyNha Trang city has a metropolitan area of 251 km² and population of about 500,000 (as of 2007). It borders Ninh Hòa town by the north, Cam Ranh city by the south, Diên Khánhtown by the west and the South China Sea to the east. The city is located on the beautiful Nha Trang Bay, which was chosen by Travel and Leis…

Vietnamese Classical Literature - 19th Century

Vietnam Classical Literature is not known to the outside world as Chinese Literature. For the younger generation, the study of Vietnamese literature seem to fade away, leaving place to contemporary authors on topics on modern existentialism. In my attempt to "come back to source", I have started a collection of books on Vietnam, and classify them under various topics such as Culture, History, Vietnam War, Politics, Biographies, Contemporary Vietnam, International Relations, Doing Business in Vietnam, Reference and Languages, Zen Buddhism, Philosophy, Art and Literature. 

Here is a short picture of the literary world under the last dynasty of Vietnam: the Nguyen. 

Indeed, the 19th Century was a flourishing century for literature and the arts in Vietnam. It opened up with the Kim Vân Kiều  by Nguyễn Du (1765-1820) and closed with the anonymous Song of True Patriotism (Chính Khí Ca :1900). 

Three outstanding talents, Nguyen Du, Mdm Ho Xuan Huong and Nguyen Dinh Chieu contri…

Vietnamese Translators: Join our translation project for Focus series

Translation project for Focus series

Hi các bạn, chúng tôi kêu gọi việc dịch sách ra tiếng việt để khuyến khích về phong cách sống, lao động và học tập với chuỗi giá trị và văn hóa dựa trên nhân bản. Các bạn nào muốn ghi danh xin click vào đường link này:
Xin cám ơn.
Anh Thơ Andres

Globethics Publications | Focus Series
Each volume in this series focuses on a current ethical issue with global relevance and usually has a single author. Here is a selection of works calling for volunteers to translate into Vietnamese:

Ethics in Politics: Why it matters more than ever and how it can make a difference (2012) 
Benoît Girardin
ISBN 978-2-940428-20-5 - Focus No. 5

" This book is an affirmation: Yes, ethics in politics is possible – and it pays off. It is not a naive dream. The author chooses a pragmatic approach and tests whether value orientation can make a difference in politics and how. He presents practical cases and o…