The Present Stagnation of Interstate Adjudication Causes and Possible Remedies
Published date | 01 October 1963 |
Date | 01 October 1963 |
DOI | 10.1177/004711786300200801 |
Subject Matter | Articles |
479
THE
PRESENT
STAGNATION
OF
INTERSTATE
ADJUDICATION
CAUSES
AND
POSSIBLE
REMEDIES
PROFESSOR
J.
H.
W.
VERZIJL
Not
only
lawyers
but
everyone
interested
in
international
relations
must
often
ask
themselves
what
are
the
real
causes
which
stand
in
the
way
of
a
more
frequent
recourse
to
arbitration
and
adjudication
of
international
controversies,
and
what
remedies
could
be
proposed
in
order
to
encourage
such
recourse
in
the
future.
The
remedies
which
might
be
possible
are,
of
course,
largely
dependent
upon
the
underlying
causes,
so
that
it
is
indispensable
first
to
ascertain
what
these
are.
But
is
it
possible
to
lay
bare
the
real
causes
of
the
present
malaise
affecting
inter-State
arbitration
and
adjudication
by
the
International
Court?
Are
they
not
so
various
and
so
inter-
woven
that
even
the
removal
of
some
of
them
would
hardly
have
any
impact
on
the general
situation,
and,
in
any
case,
by
what
method
could
they
be
discovered?
When
considering
these
initial
problems
one
is
involuntarily
inclined
to
remain
closely
at
home
and
to
attempt
to
find
a
satisfactory
answer
to
the
question
why
one’,s
own
country
has
shown
so
little
inclination
to
submit
its
disputes
with
other
States
to
either
of
the
two’
methods
of
settlement.
Any
interested
ob-
server
of
international
politics
may
make
the
same
attempt
as
regards
his
own
country.
It
might
also
be
interesting
to
approach
the
subject from
such
a
purely
national
standpoint,
that
of
national
experience,
because
this
could
result
in
a
co-ordinated
analysis
of
the
views
and
practice
in
this
regard
of
as
large
a
number
of
countries
as
possible.
An
adequate
and
exact
evaluation
of
the
real
causes
of
the
present
stagnation
of
enter-
national
arbitration
and
adjudication
and
of
the
possible
means
o~f
&dquo;unfreezing&dquo;
it
can
in
my
view
only
be
achieved
in
fact
by
such
a
more
individualized
enquiry
on
the
basis
of
concrete
political
data.
I
doubt,
for
example,
if
a
rough
overall
survey
such
as
that
which
recently
appeared
in
the
Indian
review
International
Studies
(vol.
IV,
No. 1,
July
1962,
p.
119ff.)
by
R.
P.
Anand
on
&dquo;Attitude
of
the
’new’
Asian-African
countries
toward
the
International
Court
of
Justice&dquo;
can
avail
to
go
beyond
generalities
and
to
penetra~te
into
the
heart
of
the
political
reality.
The
limitation
of
the
enquiry
to
adjudication
by
the
World
Court,
moreover,
cannot
suf~ce,
because
various
causes
of
the
stagnation
supply
equally
to
arbitration.
Causes
which
hinder
recourse
to
the
International
Court
do
not,
however,
necessarily
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