Overview

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.

Full Product Details

Author:   Joanna Gomula ,  Stephan Wittich ,  Markus Stemeseder
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781788970785

ISBN 10:   1788970780
Pages:   716
Publication Date:   21 June 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of 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

Reviews

"'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"

‘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

Author Information

Edited by Joanna Gomula, Fellow, Lauterpacht Centre for International Law, University of Cambridge, UK and Stephan Wittich, Professor of International Law, Department of European, International and Comparative Law, University of Vienna, Austria with Assistant Editor Markus Stemeseder, Researcher and Lecturer in International Law, Department of European, International and Comparative Law, University of Vienna, Austria

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