Legal Assistants in International Dispute Settlement: Navigating Legitimacy

Author: Gabrielle Marceau; Maria George
Publisher: Hart Publishing
ISBN: 9781509992218
Published In: August 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book analyses the role of actors that critically aid adjudicators at different stages of the dispute resolution process across 20 international dispute resolution bodies.

Collectively referred to as Legal Assistants in the book, these actors are known by different names such as legal officers, référendaires, secretariat staff, registry staff, etc. The book uses doctrinal research, supplemented through interviews with relevant actors in each dispute resolution body, and delivers a holistic view of their everyday practice.

The book provides a comparative study on the functions of Legal Assistants at every stage of the dispute resolution process, revealing the widespread and critical nature of their work. It addresses the legitimacy concerns raised about the alleged influence Legal Assistants may exercise over adjudicators as well as in the decision-making process. These concerns are traced across sources such as judicial/quasi-judicial decisions; statements or criticisms raised by States parties, academics, or practitioners; and concerns that arose in conversations with judges, Legals Assistants, and other relevant actors. By employing a comparative lens, the book moves from concerns that are specific to individual dispute resolution bodies towards general concerns.

By tapping into the wealth of comparative practices across dispute resolution bodies to navigate these legitimacy concerns, this essential book reframes the narrative that Legal Assistants threaten the legitimacy of international dispute resolution, and proposes solutions to show how their expertise can be leveraged to strengthen the legitimacy of outcomes.

1. Introduction

Part I: Overview of Institutions: Structure, Procedure, and Observations on the role of Legal Assistants

2. African Court of Human and Peoples' Rights

3. Court of Justice of the European Union

4. Common Market for Eastern and Southern Africa Court of Justice

5. Commercial Arbitration

6. The United States-Mexico-Canada Agreement

7. East African Court of Justice

8. Economic Community of West African States Court of Justice

9. European Court of Human Rights

10. Court of Justice of the European Free Trade Association

11. Inter-American Court of Human Rights