International Procedure in Interstate Litigation and Arbitration (eBook, PDF)

A Comparative Approach
Redaktion: Brabandere, Eric De

• Format: PDF

Produktbeschreibung

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 30. November 2021
• Englisch
• ISBN-13: 9781108963350
• Artikelnr.: 66183923

Inhaltsangabe

Part I. Pre-Hearing and Selection and Appointment of Judges and
Arbitrators: 1. Registries and Secretariats of Interstate Dispute
Resolution Authorities: Explaining Registries' and Secretariats' modes of
work in light of joint information management by disputing parties promoted
by Pre-judicial Proceedings Patrick Wasilczyk; 2. Judicial Independence at
International Courts and Tribunals: Lessons Drawn from the Experiences of
the International Court of Justice and the Appellate Body of the World
Trade Organisation Rishi Gulati; 3. Designing for the Best Composition of
International Courts: The Value of Diverse and Specialised International
Law Expertise on the Bench Adamantia Rachovitsa; 4. The Role of the Judge
Ad Hoc in Inter-state Litigation : Perspectives from the Law and Practice
of the International Court of Justice Cecily Rose; Part II.
Post-Commencement Litigation Procedure and Strategy: 5. Interim measures:
International tribunals as international organisations Iain Scobbie; 6.
Procedural Challenges and Strategies before the ICJ and ITLOS: The Indian
Experience Katherine Maddox Davis; 7. Achieving Greater Access to Justice
through Cost-Efficiency: A Comparative Assessment Across State-to-State
Dispute Settlement Institutions Brian McGarry; 8. Opening Up International
Adjudication : Mapping Procedural Transparency in International Disputes
José M Reis; Part III. Evidence and Witness: 9. Testing Witnesses in
International Dispute Settlement: WTO versus other International Tribunals
Katherine Connolly and Marie-Astrid Dossche; 10. The Use of Experts in
State-to-State Disputes: The Benefits of Cross-Fertilization Rukmini Das;
Part IV. Post-Hearing and Effect of Decisions: 11. Settling a Dispute: The
Scope of the International Jurisdictional Function Guillaume Guez; 12. Rule
of Precedent and Rules on Precedent Niccolo Ridi; 13. Cross-fertilization
and Conflicts between Courts and Tribunals: An Analysis from the
Perspective of the United Nations Convention on the Law of the Sea Makoto
Seta.