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date: 26 February 2020

Abstract and Keywords

This chapter describes the current state of judicialization, highlighting the uneven geographic distribution, uneven usage, and uneven thematic coverage. While some regions of the globe have multiple, overlapping, international adjudicative bodies, others have none. Even when jurisdiction has been accepted and is compulsory, cases often fail to be litigated for reasons such as issues of admissibility or jurisdiction, or because the issue is addressed through alternative dispute resolution. Judicialization has also failed to reach many aspects of international law and relations. Issues that are not judicialized include most military and intelligence activities, including collective defense, arms control, disarmament, nuclear weapons, nuclear energy governance, and counter-terrorism; global and regional financial governance; and cyberspace policing and data-sharing.

Keywords: international adjudication, judicialization, international law, uneven geographic distribution, uneven usage, uneven thematic coverage

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