Public international law - the problems associated with the proliferation of international judicial bodies
- The threat created by the proliferation of international courts on the unity of international law
- The role of proliferation on inter-State relations
Since the end of the Cold War, a new phenomenon in international law has surfaced: the proliferation of international judicial bodies as a consequence of the increasing number of treaties. More than just a numeral observation, there have been changes concerning the nature and competences of these entities, such as the creation of regional bodies, international criminal jurisdictions and also the creation of bodies that grant standing to non-state entities. According to Cesare, this increasing number of entities is, "the consequence of an equally tumultuous amplification of the number and ambit of institutions consecrated to ensure compliance with international legal obligations and settlement of disputes arising there from." It is interesting to wonder why this proliferation appeared after 1989. For M. Koskenniemi and P. Leino, "conflicts and special regimes could only arise after 1989, once it could be assumed that the project of a coherent system could be revived." Unfortunately, for these authors, the existence of much more important phenomena such as liberalism and globalization has prevented the creation of the ideal. Indeed, they put in relief this interesting observation: "The structure provided by the East-West confrontation was replaced by a kaleidoscopic reality in which competing actors struggled to create competing normative systems often expressly to escape from the strictures of diplomatic law- though perhaps more often in blissful ignorance about it."
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