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Reflections on the Judicial Function in International Law

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Chapter Summary

This chapter examines certain aspects of the judicial function in international law. It deals with the essence of the judicial function, because it is only since the early part of the 20th century that international law has in a commanding and consistent way accepted judicial settlement as perhaps one of the most important methods of dispute settlement, even though negotiation and other non-judicial means of settlement still remain viable and important. In pursuit of a clearer definition of the judicial function, as now conceived, the chapter suggests some areas to which attention should seriously be given. There are four matters to which the chapter draws attention: the preservation of independence and impartiality of judicial organs; what may be termed the "separation" of the judicial function; the issue of inherent powers of judicial organs; and the issue of subordination and subsidiarity of judicial organs.

Keywords: dispute settlement; international law; judicial function; subordination; subsidiarity



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