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Public Interest Litigation in International Law

Public Interest Litigation in International Law

Author: Justine Bendel; Yusra Suedi
Publisher: Routledge
ISBN: 9781032560052
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In a world of growing public interest over global matters, and criticisms over multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists - such as human rights, climate change, global health and criminal law - it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies - for instance the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts - and explores issues that may arise in the future.

Introduction

PART 1: The meaning and purpose of public interest litigation

Marion Esnault, On the pertinence of ‘public interest’ for international litigation

Yusra Suedi & Justine Bendel, Public interest litigation: a pipe dream or the future of international litigation?

PART 2: Public interest litigation before the International Court of Justice

Craig Eggett & Sarah Thin, Third party intervention before the International Court of Justice: A tool for litigation in the public interest?

Paula Wojcikiewicz Almeida & Miriam Cohen, Mapping the ‘public’ in public interest litigation: an empirical analysis of ‘participants’ before the International Court of Justice

PART 3: Procedural developments in public interest litigation

Brian McGarry & Nasim Zargarinejad, All That Glitters is Not Monetary Gold: Indispensable Parties and Public Interest Litigation before International Tribunals

Carlos Antonio Cruz Carrillo, The role of advisory opinions in addressing public interest issues

PART 4: Public interest litigation and non-state actors

Kristina Hellwig, Third-party investigation in international criminal law: public interest litigation in a broader sense?

Wasiq Abass Dar & Gautam Mohanty, NGOs as amicus in investor-state arbitration: Addressing public interest and human rights issues

PART 5: Public interest litigation and human rights

Maria-Louiza Deftou, Balancing public interest with health-related rights: current dilemmas and future prospects

Dinah Shelton, Reparations for Human Rights Violations: A Major Objective of Public Interest Litigation

PART 6: Public interest litigation and climate change

Vonintsoa Rafaly, Ocean-climate Litigation: Enforcing Public Interest Against all Odds

Corina Heri, Climate Cases as Public Interest Litigation before the European Court of Human Rights