The General Framework of the International Judicial System

Abstract

The research examines the international judicial system as one of the most important means of the peaceful settlement of international disputes, as enshrined in the Charter of the United Nations. It highlights the development of international adjudication and the proliferation of international courts as a result of the expansion of the branches of contemporary international law. The research aims to clarify the concept of the international judicial system, its legal nature, characteristics, and functions, in light of the increasing number of permanent and ad hoc international courts and the resulting challenges, most notably the fragmentation of international law and the lack of coordination among international judicial bodies.

The research relies on the deductive and analytical approaches in examining international legal texts, particularly the Charter of the United Nations, in addition to the inductive approach through the analysis of judicial decisions and relevant doctrinal opinions. It also reviews the doctrinal debate concerning the definition of the international judicial system and ultimately defines it as a set of rules governing the operation of international courts, whether global or regional, which apply the rules of international law and issue binding judgments and advisory opinions.

The research further highlights the distinctive nature of the international judicial system in comparison with domestic judicial systems, particularly with regard to the subjects addressed by its judgments, the absence of the principle of litigation before two instances, and the difficulties associated with the enforcement of international judgments. It also clarifies its distinguishing features, foremost among them the principle of consent, the right of judges to express separate or dissenting opinions, and the system of ad hoc judges within international courts. The research concludes that the international judicial system constitutes a fundamental instrument for consolidating the rule of law at the international level, despite the organizational and practical challenges it faces, which necessitate further coordination and development to ensure its effectiveness. It also emphasizes the importance of the advisory function of international courts in interpreting the rules of international law and the contribution of judicial jurisprudence to filling legislative gaps, unifying general principles, and enhancing international legal certainty, thereby strengthening confidence in international adjudication as a fair and effective means of settling disputes and achieving international peace and stability in the long term among different states worldwide.