In Court we trust – legitimacy of international courts

The attitude of States to international courts is ambivalent. The very reason of proliferation of international courts is a need to set up an authoritative method of settling disputes in a functioning of international organizations or an application of treaties. The international judiciary is forged by States. This is why the power of international courts is seldom unfettered. An establishing of pre-Lisbon pillar EU and the articles 275 and 276 of TFEU are manifestations of EU Member States’ distrust to the Court. EU Member States seem to be convinced that even in the self-contained régime like the EU there should be some fields under exclusive and direct control of States. However, the Court is deeply embedded in the functioning of the EU. Other similar cases are i.a. the ECHR and the IACHR. In turn, the ICJ is a manifestation of more serious distrust – resulting in the Court occasionally facing vital interests of States. All these approaches can be explained.