Forum Shopping in International Disputes

Abstract

States in the modern world have created a dense network of international regimes, multilateral treaties, and formal international organizations to manage their affairs. All these international institutions provide forums for peaceful cooperation. At the same time, the growing density of institutions increasingly produces an overlap of parallel purposes and sometimes competing competences. For example, international trade is covered by a global regime like the General Agreement on Tariffs and Trade, but also by regional organizations like the Mercosur, by specialized institutions such as the International Coffee Organization, and by minilateral trade agreements. As a result, states have a choice of different forums in which to pursue their interests. Each of these institutions has its own set of rules that place member states under specific obligations.