This may also be seen in the governing Statutes of the PCIJ and the ICJ, and in the arbitration treaties and conventions, as these were all created by the states themselves.
It is also important to have the input of those individuals who have been granted the power to make the jurisdiction decisions in the actual cases--the justices and the arbitrators of the various international tribunals. In any case brought before any court, before reaching the merits of the case, the question of competence must first be answered. So it is with an international court. This justiciability debate has recurred again and again. What these tribunals have defined as their own boundaries should be very important contributions to this discussion.
Does all this evidence point to one clear-cut answer to the problem? Or does disagreement reign, producing only confusion? How does this speak to the very definition of the term justiciable? Sythesizing all of the collected evidence will be the goal of Chapter 5.
Finally, I will draw some conclusions regarding the current status of this legal/political dichotomy in international law. As indicated previously, the questions here are: "Does this dichotomy exist?" and "Should this dichotomy exist?" Based on the conclusions I reach regarding these questions, I will make my own recommendations regarding the changes I see as necessary for international law.
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Publication Information: Book Title: Politics and the Emergence of an Activist International Court of Justice. Contributors: Thomas J. Bodie - author. Publisher: Praeger Publishers. Place of Publication: Westport, CT. Publication Year: 1995. Page Number: 6.
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