International Justice and Developing Countries: A Quantitative Analysis

Abstract

During the last decade, there has been a significant increase in the use by developing countries of international dispute settlement bodies. The dispute settlement procedures of the International Court of Justice (ICJ) and the World Trade Organization (WTO), in particular, have seen a surge in activity generated primarily by Southern governments. This development has generally been greeted positively as evidence of an improvement in the perceived usefulness of these bodies by a more diverse constituency. Nonetheless, despite the significance of these developments, there has been relatively sparse attention paid to developing countries' perspectives on international justice and the factors determining their resort to international judicial bodies. This study attempts to contribute to the debate by analyzing the use by developing countries of international judicial bodies.

This study is articulated in two parts. The first half of this study (this paper) contains its methodological and quantitative aspects. Particular attention is given to laying out what is meant by "developing countries", for there is no consensus on the exact meaning of the term. Quantitative data about the number of cases that have been brought before international judicial fora other than regional courts and the countries and types of disputes involved is also presented.

The second half of this study (Cesare Romano, International Justice and Developing Countries (cont.): A Qualitative Analysis, The Law and Practice of International Courts and Tribunals, Vol. 1, issue 3, 2002, ISSN 1569-1853, pp. 539-611) explores three key aspects of the resort to international judicial bodies by developing countries: access to judicial bodies; capacity to use them; and willingness to use them.