IDEAS home Printed from
   My bibliography  Save this article

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


  • Mondré Aletta

    (Universität Bremen)

  • Neubauer Gerald

    (Universität Bremen)

  • Helmedach Achim

    (Universität Bremen)

  • Zangl Bernhard

    (Ludwig-Maximilians-Universität München)


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

    Download full text from publisher

    File URL:
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    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.
    Full references (including those not matched with items on IDEAS)

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:nglost:v:4:y:2010:i:1:p:34:n:1. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Peter Golla). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.