국제재판소의 다양화에 관한 연구

A Study on the Multiplication of the International Courts and Tribunals

This dissertation examines the multiplication of International Courts and Tribunals (hereinafter ‘ICTs’) and its effect on the international community as well as international law. The major reasons for multiplication of ICTs can be as follows: multiplication of international law, expansion of the concept of subjects of international law, the end of the Cold War in the 1990’s, and the phenomenon of regionalization. The multiplication of ICTs has two aspects. First, there is a remarkable increase in the number of ICTs. Currently, it has increased from three to more than thirty since 1945. Second, there are the specialization and regionalization in ICTs. In other words, most of newly founded ICTs exercise jurisdiction confined to a specific field or region. The Effect of the multiplication of ICTs have both positive and negative characteristics. On the one hand, it provides various benefits. For example, it clarifies poorly-defined fields of international law and enhances specialization of international law. Moreover, the emergence of more ICTs may promote pacific settlement of disputes when they play their judicial roles effectively. On the other hand, the multiplication may result in some problems: the possibility of the conflict of jurisdiction between ICTs and the fragmentation of international law. Analysis of this dissertation has led to the following conclusion that the multiplication of ICTs is not so serious in the present to challenge the core of international legal system. Two solutions are suggested in response to the multiplication. One is the establishment of truly “ international judicial system.” It should possess horizontal, decentralized and self-regulating characters as the international community appears. The other suggestion is the quality control of ICTs. Benefits of the multiplication can not be maximized until ICTs fulfill their role as judicial organs in essence. In this regard, judicial independence and impartiality in ICTs should be established.