The Disenchantment of Judicial Centrism in International Dispute Settlement and the Discourse of International Law
In the past 30 years,the number of international judicial institutions has surged,with their jurisdiction continually expanding.Judicial bodies have been established in various fields such as international maritime law,international criminal law,and international trade law.Meanwhile,judicial institutions with regional characteristics have emerged.Some scholars argue that the rise of international judicial institutions indicates that judicial settlement has become a widely accepted method of international dispute settlement,signifying a positive signal of the rule of law in the international community.This reflects a tradition of international law thinking of"promoting peace through law"and embodies a stance of judicial centrism in international dispute settlement.Judicial centrism is a constitutive element of modern positivist international law studies.The existence of international judicial mechanisms,independent from the subjective will of the state,is an important criterion for the systematization of international law and an essential guarantee for international law to fulfill its function in settling disputes.However,judicial centrism based on source identification and rule application excludes a significant amount of international legal argumentative activities from the analytical scope,resulting in the ineffectiveness of international law and marginalizing the importance of dispute avoidance and dispute settlement.Drawing on the approaches of critical international law and empiricism,the paper clarifies the limits of the underpinning theoretical presuppositions and value preferences of judicial centrism and helps to explore the operation and emergence of international law discourse.It also opens up a multi-dimensional perspective in international law research and provides a theoretical space for diversified international dispute settlement.
Judicial CentrismCritical International LawEmpiricismPeaceful Settlement of International DisputesDiscourse of International Law
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