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Uneven Judicialization: Comparing International Dispute Settlement in Security, Trade, and the Environment

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  • Mondré Aletta

    (Universität Bremen)

  • Neubauer Gerald

    (Universität Bremen)

  • Helmedach Achim

    (Universität Bremen)

  • Zangl Bernhard

    (Ludwig-Maximilians-Universität München)

Abstract

The international legalization process has triggered a debate over the scope of international law in which optimists assert the emergence of an international rule of law while skeptics doubt international legal norms effectively bind states. Some multilateral treaties include provisions on dispute resolution seeking to regulate state behavior. We introduce a framework to assess the judicialization of such dispute settlement procedures and corresponding state practices. In the issue areas of international trade (GATT/WTO), international security (UNSC), and environmental protection (CITES), we analyze state behavior in disputes arising from selected treaty norms and compare trends across time and issue areas. Our data reveals an uneven judicialization, which differs considerably between issue areas and also depends on whether states act as complainants or defendants. All in all, there is no uniform trend towards an international rule of law, but high judicialization in the trade sector only, with the environmental sector in midfield and security issues clearly lagging behind.

Suggested Citation

  • Mondré Aletta & Neubauer Gerald & Helmedach Achim & Zangl Bernhard, 2010. "Uneven Judicialization: Comparing International Dispute Settlement in Security, Trade, and the Environment," New Global Studies, De Gruyter, vol. 4(1), pages 1-34, August.
  • Handle: RePEc:bpj:nglost:v:4:y:2010:i:1:p:34:n:1
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    References listed on IDEAS

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    1. Alter, Karen J., 2000. "The European Union's Legal System and Domestic Policy: Spillover or Backlash?," International Organization, Cambridge University Press, vol. 54(03), pages 489-518, June.
    2. Downs, George W. & Rocke, David M. & Barsoom, Peter N., 1996. "Is the good news about compliance good news about cooperation?," International Organization, Cambridge University Press, vol. 50(03), pages 379-406, June.
    3. John H. Jackson, 1997. "The World Trading System, 2nd Edition: Law and Policy of International Economic Relations," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262600277, March.
    4. Abbott, Kenneth W. & Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(03), pages 401-419, June.
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