The International Adjudicatory Process and Trans-boundary Resource Disputes
Article from: OGEL 3 (2004), in International Law & Regulations / Law of the Sea
Introduction
That the judicial process is an indispensable mechanism for dispute resolution is not controvertible. What may be contested, however, is whether judicial practice as conventionally operates in the domestic and international systems is suitable for all cases irrespective of the nature of the dispute. This article is founded on that controversy. In two momentous decisions half a century apart, the international adjudicatory process laid down landmarks for the protection of the international environment. The arbitration tribunal and the International Court of Justice (ICJ) in ...