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Research Handbook on International Procedural Law

Research Handbook on International Procedural Law

Author: Joanna Gomula; Stephan Wittich
Publisher: Edward Elgar Publishing
ISBN: 9781788970785
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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

The significance of procedure in the judicial settlement of international disputes 17

Hugh Thirlway

Sources of procedural law in international dispute settlement 30

Maxi Scherer, Andrew Mitchell and Dharshini Prasad

General principles of procedural law 53

Philipp Janig

Precedent and procedure in international adjudication 73

Niccolò Ridi

PART II. PROCEDURAL ISSUES OF SELECTED COURTS AND TRIBUNALS

Settlement of disputes before the International Tribunal for the Law of the Sea (ITLOS) 98

Konrad Marciniak

Procedural aspects of WTO dispute settlement 122

Chios Carmody

Procedural issues in international investment treaty disputes 157

Andrea Bjorklund and Damini Chawla

Procedural issues of international environmental disputes 173

Ludovica Chiussi Curzi

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

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