The Overlap of Jurisdiction in International Disputes Resolution Forums and the Effect on International Relations of States

Abstract

This study aims at investigating the causes as well as the consequences of similar or conflicting mandates of various international courts and tribunals and the effect that the phenomenon has on the relations of States at the international spectrum. While the study acknowledges that these effects may, similarly, be felt by non-state actors such as international organizations and multinational corporations, the study limits itself to the effects on States. The paper traces the historical development and significance of the international courts and tribunals and their multiplication or proliferation in modern times. In so doing, I analyze the phenomenon of duplicated or replicated mandates of these courts, their salient nature, the extents and limits of these mandates or jurisdictions and the overall effects to the international system. The study achieves this though the aid of real cases decided by various courts and tribunals as well as an in-depth literature review of other scholars and writers. My findings suggest that overlap of jurisdiction amongst IDRFs is caused, primarily, by globalization and regional integration of States and therefore impossible to completely eradicate. The study also advances the argument that there is need to address this growing pattern as it also poses certain challenges in how international law is interpreted, applied and enforced thereby affecting the international relations of States. The study, therefore, proposes some measures and recommendations that may be used to avert the dangers of the phenomenon