The Evolution of International Law and Courts

The creation and increased usage of permanent international courts to deal with a broad range of issues is a relatively new phenomenon. The founding dates of international courts suggests that three critical junctures were important in the creation of the contemporary international courts: the Hague Peace conferences and with it the larger movement to regulate inter-state relations through international legal conventions (1899-1927), the post-World War II explosion of international institutions (1945–1952), and the end of the Cold War (1990–2005). Examining the effects of these junctures and gradual changes in the practice of international jurisprudence, this chapter argues that the best way to understand the creation, spread and increased use of ‘new style’ international courts is by paying close attention to the major changes brought about through long-lasting slow processes of international institutional evolution.