The Effects of International Dispute Settlement Procedures

Abstract

States seek to foster and sustain international cooperation by concluding international agreements. To this end, they enter an increasing number of bilateral and multilateral treaties. The growing density of state obligations arising from international agreements is accompanied by an increase in third-party dispute resolution. New international courts such as the International Criminal Court and the International Tribunal for the Law of the Sea, and an increase in quasi-judicial bodies overseeing such diverse areas as human rights, international administration and environmental protection, emphasize the importance of international law in international politics. The proliferation of third-party dispute settlement has sparked strong academic interest and raised questions on the effects of international dispute resolution mechanisms and their contribution to the functioning of global governance. The primary effect of international dispute settlement procedures (IDSPs) is assumed to be the enhancement of interstate cooperation. IDSPs can mitigate power differentials between states by providing safeguards to ensure rule-based decision-making. There is also broad agreement that states use IDSPs to enhance their commitment to international agreements (Alter 2003, 59).