THE REALISTIC TEST FOR THE THESIS ON COMPULSORY INTERNATIONAL ADJUDICATION: LEGAL VALUES IN PRACTICE OF INTERNATIONAL ACTORS

Abstract

The paper deals with assessment of the practices of international relations regarding the protection of peace, legal certainty and equality. These values are important for the argument in favour of the compulsory international adjudication. In view of the realistic challenges to this argument, the paper aims at answering the questions if these three values are protected by applicable norms of international law, whether the principles protecting these values, if they exist in the international law, are above the principle of protecting the autonomy of states as the basis for the omnis judex rule, and finally, if these values are involved in axiological hierarchies formed by the actors formulating and interpreting the international norms. The answers to the first two questions will be given by the means of an empirical assessment of international practices, whereas the answer to the third question will be provided by identifying attitudes towards international relations based on interpretation of existing practices through models of coordination and subordination.