Understanding Compulsory adjudication
Автор: LAW AUDIO
Загружено: 2025-08-13
Просмотров: 27
Understanding #Compulsory_adjudication
#jurisdiction
Compulsory adjudication is the situation which exists when two or more states have agreed in advance that disputes between them may be taken to adjudication at the instance of any one of them. It is thus a departure from the normal international principle that the settlement of a dispute by adjudication requires the specific consent of all the parties.
Kelsen identifies the fundamental problem in international relations as the lack of an impartial authority with obligatory competence to settle disputes. Because of this, states are left to decide for themselves whether a law has been violated and are free to use war or reprisals to enforce what they consider to be the law. To solve this, Kelsen advocates for a treaty that would create an international court with compulsory jurisdiction, obligating all member states to renounce war and submit all disputes, "without any exception," to the court's decision.
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