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Association: Name: American Political Science Association URL: http://www.apsanet.org
Citation: URL: http://www.allacademic.com/meta/p152014_index.html Direct Link: HTML Code:

Henson, Raymond. "Power in the Judicial Balance: United States Hegemony and the International Court of Justice" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p152014_index.html>

Henson, R. S. , 2006-08-31 "Power in the Judicial Balance: United States Hegemony and the International Court of Justice" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <APPLICATION/PDF>. 2009-05-24 from http://www.allacademic.com/meta/p152014_index.html

Publication Type: Proceeding Abstract: The International Court of Justice is in many respects a microcosm of international politics. Crucial issues in international politics such as the Cold War, enduring rivalries, economic cooperation, and power politics have been played out in cases brought before the only permanent court of dispute resolution among nations. This research focuses on the issue of power in states� participation in the ICJ. The hypothesis tested in this article contends that international law has traditionally served as an instrument of powerful nations to maintain the status quo, but is increasingly being used as an alternative or counterbalance to power politics. Hegemonic stability theory provides a useful explanation of the initiations of cases brought before the International Court of Justice through the mid-1970�s. With the decline of hegemonic control on the part of the United States, the profiles of participant nations also change. Hegemonic theories combined with the viewpoint of the principal and agent problem provide a theoretical framework for the case studies and quantitative analyses of states� participations particularly the United States and its post-war allies and the roles these states played in cases brought before the Court. Principal/Agent and judicial independence theories better inform the increase in number of states petitioning the Court and change in power relationships between initiator and respondent nations in later periods. The critical case of Nicaragua v. United States illustrates the changing policy of the United States toward the Court as well as introducing the issue of judicial independence. Analysis of cases shows that in more recent periods, fewer powerful states brought cases against smaller states while an increased number of smaller states used the Court to make claims against stronger states. The empirical evidence for this shift is very strong. This change indicates a shift from utilizing the Court as a reinforcement of major power influence to an alterative to power for dispute settlement. The changing utilization of the Court and participant profiles also indicates an expanding role for the ICJ in resolving international disputes. The empirical evidence also indicates that decisions of the Court follow a similar pattern. Decisions before the 1970�s significantly favor the more powerful states. The shift from an instrument of power politics to a Court of equity for smaller states is strongly supported by the data. The implications of this research address issues of hegemonic power in organizing and managing the international system, the roles of power and justice in judicial politics at the international level, and prospects for international courts as an alternative to military force and power for resolving disputes among nations.

The Worlds Of Political Participation: Similarities and Differences in Discursive Participation and Political Behavior in the United States

The United States and the Jurisdiction of International Courts: A Comparative Case Study of United States Senate Committee on Foreign Relations Hearings from 1924, 1931, 1946, and 2000