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Research Handbook on International Procedural Law

Name: Research Handbook on International Procedural Law
Brand: Edward Elgar Publishing
SKU: 9781788970785
Price: 3644.29 HKD
Availability: InStock
Author: Joanna Gomula; Stephan Wittich
ISBN: 9781788970785

Edited by Joanna Gomula · Stephan Wittich

Edward Elgar Publishing June 2024

Specifications

ISBN-13: 9781788970785
Publisher: Edward Elgar Publishing
Publication: June 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.

Diverse contributors from common and civil law backgrounds discuss the significance, sources and general principles of international procedural law and highlight crucial, yet often overlooked, international dispute resolution regimes. Specific problems related to the emergence of international procedural law, such as the interaction between international judicial regimes, are also unpacked and potential practical solutions investigated. The Research Handbook concludes by looking forwards, using a comparative analysis of the interactions between distinct international dispute resolution regimes to outline how mutual consideration and comity can lead to procedural congruence.

The Research Handbook on International Procedural Law is an authoritative reference for students and scholars of arbitration and dispute resolution, constitutional and administrative law, and public international law. Discerning and practical, it will also act as a core resource for practitioners, government officials, judges, and members of adjudicative bodies.

Preface xix; List of abbreviations xxi; Authorities xxiii; On the nature and meaning of procedure in international courts and tribunals: Introduction to the Research Handbook on International Procedural Law 1; Stephan Wittich; PART I. INTRODUCTORY ISSUES; 1.
The significance of procedure in the judicial settlement of international disputes 17: Hugh Thirlway; 2.
Sources of procedural law in international dispute settlement 30: Maxi Scherer, Andrew Mitchell and Dharshini Prasad; 3.
General principles of procedural law 53: Philipp Janig; 4.
Precedent and procedure in international adjudication 73: Niccolò Ridi; PART II. PROCEDURAL ISSUES OF SELECTED COURTS AND TRIBUNALS; 5.
Settlement of disputes before the International Tribunal for the Law of the Sea (ITLOS) 98: Konrad Marciniak; 6.
Procedural aspects of WTO dispute settlement 122: Chios Carmody; 7.
Procedural issues in international investment treaty disputes 157: Andrea Bjorklund and Damini Chawla; 8.
Procedural issues of international environmental disputes 173: Ludovica Chiussi Curzi; 9.
Procedural issues in international commercial arbitration 192: Stefan Kröll and Miquel Mirambell Fargas; 10.
The procedure of the Court of Justice of the European Union: modi operandi at the supranational judicature 216: Adam Łazowski; 11.
International administrative tribunals 250: Thea Agape Lim and Olufemi Elias; 12.
Procedural questions in advisory proceedings initiated by international organizations 275: Kirsten Schmalenbach; 13.
Settlement of disputes in Asian free trade agreements: An empirical study of the dispute settlement mechanisms in Japan’s BITs and EPAs 293: Mariko Kawano; 14.
Inter-state dispute settlement and Africa’s supranational courts 310: Matthew Happold and Owiso Owiso; PART III. INSTITUTIONS AND CONCEPTS OF THE DISPUTE SETTLEMENT PROCESS; 15.
Settlement of disputes before the ICJ: The case of public interest litigation 331: Dai Tamada; 16.
Jurisdiction and admissibility 351: José Magnaye; 17.
Conduct of proceedings – a practitioner’s perspective 368: Stratis Georgilas; 18.
Due process and protection of the parties’ rights 375: Serena Forlati; 19.
Evidence, fact-finding and experts 395: James Devaney; 20.
Proceedings incidental to main proceedings 410: Katarzyna Gałka; 21.
Intervention: Expanding the bilateral dispute settlement model of international proceedings 428: Jane Hofbauer; 22.
Other participants in judicial proceedings (amicus curiae and other forms of participation) 450: Paula Wojcikiewicz Almeida; 23.
Judgments and the termination of proceedings 475: Daniel Costelloe; 24.
Annulment 490: Marek Jeżewski; 25.
Appellate review 506: Joanna Gomula; 26.
Judgment and compliance 536: Luis Viveros Montoya; 27.
Post-judgment procedures before international courts and tribunals 565: Manuel Almeida Ribeiro; 28.
Alternative and atypical dispute settlement resolution methods 580: Eran Sthoeger and Filippo Fontanelli; PART IV. INTERNATIONAL PROCEDURAL LAW IN THE MAKING?; 29.
The interplay between substantive and procedural law in the settlement of international disputes 601: Chester Brown and Rhys Carvosso; 30.
The interplay between private and public international law regarding procedure 631: Marta Requejo Isidro and Burkhard Hess; 31.
The proliferation of international courts and tribunals and its effect on procedure in the settlement of international disputes 652: Bartłomiej Krzan