The Brink of War: How Courts Avoid Injudicious Aggravation of Tension Between Nations

Authors

Vivian M. Williams, CUNY Bernard M Baruch CollegeFollow

Document Type

Article

Publication Date

Summer 8-5-2024

Abstract

As armed conflict between nations is keeping the world on edge, there is an urgent need for courts to be more aware of how disputes before them could aggravate tension between nations. Courts exercise the sovereign powers of a country. However, there is greater overlap in an interconnected global economy where cross-border transactions are frequent. When these disputes involve state parties or pertain to acts of other states, they could make it difficult for the Executive branch of government to manage relations with hostile countries. This article examines how the doctrines of comity and judicial deference could be utilized by courts to avoid injudicious aggravation of tension between nations. It highlights how a court in a South American country that is the world’s fastest growing economy but is on the brink of war with its neighbor, is struggling to balance respect for international arbitration awards and conflict with a hostile neighbor. While comity and judicial deference are often viewed as affronts to judicial independence and separation of powers, the article positions them as the embodiment of the separation of powers.

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This article was originally published in Demerara Waves Online News.