opinion of Professor Abi-Saab in that case; the subsequent decision on jurisdiction and liability in Perenco ; and the award in TANESCO . Part 3 focuses on the doctrine of inherentpowers, analysing its scope and legal source, both in international adjudication and in investment arbitration. Part 4
rule. Such an alternative will turn out to be hardly tenable (Part 5). Secondly, the Court could resort to its inherentpowers directly or by amending the ICJ Rules (Part 6). While the former alternative does not seem to be available, the latter may be an optimal solution. Brief conclusions will
or the law of the place of arbitration; and finally inherentpowers.
Second, particularly when the applicable legal standard is vague, this conferral includes quite broad authority to define and develop the applicable law. 7 Jan Paulsson has referred to norms that defy resolution by abstraction. 8
is considered a condition for a process’s meaningful existence (an unfair trial is a trial only in name). At the very least, the inherentpowers should equip a court against the risk that procedure itself (or the lack of procedural rules) hinders its mandate to ensure the process’s fairness. 77
of the inherentpowers and duties of arbitrators has come from the latter stakeholders, which has currently led to a great deal of discussion. 56 Professor Andrea Bjorklund thoroughly describes in this Special Issue this discussion among scholars and international courts, and she goes on to classify
to support the legality of this, particularly with regard to the implied and inherentpowers and the wide competence granted by the un Charter to the Security Council and General Assembly. Furthermore, such use of pmsc s is in keeping with the principles of peacekeeping. The paper also addresses
Prosecutor v. Uhuru Muigai Kenyatta . In a Decision on the Defence Application concerning professional ethics applicable to prosecution lawyers, the Trail Chamber clarifies that ‘these broadly framed provisions may be seen as a codification of the concept of “inherentpowers” which provide courts with