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Peaceful Settlement of Disputes: a Proliferation Problem?

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Chapter Summary

In some quarters, it has been fashionable to say that the existence of today's many permanent international courts and tribunals adversely affects the development of international law by encouraging its fragmentation. In short, their proliferation is detrimental to the integrity of international law. The European Court of Human Rights (ECtHR) is overwhelmingly limited to disputes concerning the interpretation or application of the European Convention on Human Rights (ECHR) 1950 between one of the States Parties to it and a person within the jurisdiction of that party. Perhaps the greatest single factor that makes the ECHR so effective is the right of individual application (petition) to the Court, especially now that applications no longer need the consent of the State concerned. International law is still developing. Different courts may come to different decisions on the direction it should take.

Keywords: European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); international court; international law; legal disputes



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