Kulick: International Courts and World Disorder

Andreas Kulick (Johannes Gutenberg-Universität Mainz - Law) has posted International Courts and World Disorder. Here's the abstract:

What do international courts have to offer when faced with raw power? In a state of international disorder, respect for international law erodes and so does the respect for international courts and tribunals (ICs) and their decisions. An IC decision constitutes an international legal obligation. It binds the disputing party states as any other rule of international law does. Regardless, whether international affairs are in a relative state of order or disorder, international actors, above all States, must observe international law. Yet, what if a State does not play along – and is powerful enough to also withstand any international legal or political measures seeking to enforce the IC decision in question? Russia, for example, flatly ignored that the International Court of Justice (ICJ), on 16 March 2022, ordered it to halt its invasion of Ukraine and, as of May 2026, continues its aggression on Ukrainian territory. This piece investigates the effects of IC decisions when pushed to the margins by powerful States that can do so – and can, at least in first instance, get away with it. Such disregard for international judicial decisions occurring in higher frequencies indicates, at least from the prespective of international law, a state of international disorder. However, even in these situations, when pushed to the side, IC decisions are not pointless. They may have at least four effects that are interconnected and potentially reinforce each other, thereby providing a minimal contribution to the integrity of the international legal system.