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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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How to Cope with the Proliferation of International Courts and Coordinate Their Action

How to Cope with the Proliferation of International Courts and Coordinate Their Action

(p.287) 23 How to Cope with the Proliferation of International Courts and Coordinate Their Action
Realizing Utopia

Mohamed Bennouna

Oxford University Press

The problem of coordination between international courts and tribunals arises as a result of the existence of numerous tribunals interpreting and applying international law. This problem is due to the horizontal, autonomous, and non-hierarchical relationships between these courts. The need for coordination arises in two respects: the jurisdiction of certain courts may overlap; and the substantive law that each court ‘produces’ can cause disparities in the interpretation and application of international law. For the purposes of coordination, one should consider the creation by the UN General Assembly of a new expert body, modelled on the International Law Commission, which would ensure ‘the progressive development of international law and its codification’. The task of this expert body would be to identify and analyse the potential divergences in the interpretation and application of general international law, as well as the consequences thereof.

Keywords:   international courts, international tribunals, international law, UN General Assembly, International Law Commission, expert body

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