Analysis of the International Horizontal Judicial System’s Intervention in Sovereign Disputes: ratios without spine
DOI:
https://doi.org/10.14296/islr.v5i2.4902Abstract
Arohi Kashyap analyses the level of implementation and intervention of the International Horizontal Judicial System in sovereign disputes, referring in particular to the International Court of Justice and the Permanent Court of Arbitration. The paper considers the binding and horizontal nature of the International Judicial System, with detailed reference to three important international sovereign dispute cases, i.e. Nicaragua v. USA, Cambodia v. Thailand (Temple of Preah Vihear case) and the South China Sea Dispute. The author argues that the judicial bodies in international law give judgments and awards without any legal force or backing for implementation making the judgments no more than strict guidelines. The paper highlights the importance of an enforceable International Judicial System in sovereign disputes and suggests that the present system cannot fulfil this requirement.
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