Hardback
Research Handbook on International Procedural Law
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘The Research Handbook on International Procedural Law, skilfully curated by the editors Joanna Gomula and Stephan Wittich, is a comprehensive and up-to-date appraisal of key facets within the realm of international procedural law. With contributions addressing procedural law issues in selected courts and tribunals, institutions and concepts of procedural law as well as “international procedural law in the making”, it is a must for scholars and practitioners in the – until now – under-researched area of international procedural law.’
– Christina Binder, Bundeswehr University Munich, Germany
– Christina Binder, Bundeswehr University Munich, Germany
Contributors
Contributors include: Paula Wojcikiewicz Almeida, Andrea Bjorklund, Chester Brown, Chios Carmody, Rhys Carvosso, Damini Chawla, Ludovica Chiussi Curzi, Daniel Costelloe, James Devaney, Olufemi Elias, Miquel Mirambell Fargas, Filippo Fontanelli, Serena Forlati, Katarzyna Galka, Stratis Georgilas, Joanna Gomula, Matthew Happold, Jane Hofbauer, Marta Requejo Isidro, Philipp Janig, Marek Jezewski, Stefan Kröll, Bartłomiej Krzan, Adam Lazowski, Thea Agape Lim, Mariko Kawano, Konrad Marciniak, José Magnaye, Andrew Mitchell, Owiso Owiso, Dharshini Prasad, Manuel Almeida Ribeiro, Niccolò Ridi, Maxi Scherer, Kirsten Schmalenbach, Markus Stemeseder, Eran Sthoeger, Dai Tamada, Hugh Thirlway, Luis Viveros Montoya, Stephan Wittich
Contents
Contents:
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
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
