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Abstract. This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the common concerns of humankind, as well as the duty to cooperate. The article has sought to make sense of the emergence of ICTs as the New Environmental Sentinels and what it portends for our common future. Do we need a specialised international environmental court?
Keywords: International courts and tribunals (ICTs), peaceful settlement of international disputes, common concerns of humankind, duty to cooperate, international environmental court
Throughout the history of international law, courts and tribunals have played a crucial role. In fact, they have developed alongside growth in the body of international law. Understanding the role of international courts and tribunals (ICTs) is important for peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised ICTs (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of the complexity of international relations, growing recognition of the importance of peaceful co-existence, the quest for institutionalised cooperation and the emergence of some of the common concerns of humankind.1
As the gradual greening of international law has taken root, it could not but have affected existing dispute-settlement forums such as the International Court of Justice (ICJ), the Permanent Court of Arbitration, the World Trade Organization (WTO) Dispute Settlement Mechanism, the International Tribunal for the Law of the Sea (ITLOS) and others. In many of the cases, the ICTs have sought to balance competing developmental requirements and environmental considerations within the corpus of international environmental law. Several principles have emerged that include no harm, strict liability, polluter pays, precautionary and even sustainable development. Hence ICTs have gradually emerged,...