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-law is proof that the question of definition of treaty remains one of most taxing (and unresolved) problems in the relations between States and in the practice of international courts and tribunals. In fact it may be said that the evolution of the notion of treaty in international law has mostly
), the International Tribunal for the Law of the Sea ( ITLOS ), and ad hoc Arbitral Tribunals might play a constructive role in developing the law of the sea. By making reference to several remarkable examples, this article first establishes the contribution of international courts and tribunals to
Editor:
Chiara Giorgetti
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Editor:
Chiara Giorgetti
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
© koninklijke brill nv, leiden, ���8 | DOI:�0.��63/�3894633_0��00�0�3 Chapter 12 Crimea in International Courts and Tribunals: Matters of Jurisdiction Gaiane Nuridzhanian1 Abstract The events taking place in Crimea since early 2014 have given rise to a number of inter- national disputes currently
Editor:
Chiara Giorgetti
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
Editor:
Chiara Giorgetti
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
before the Court, but also before other international courts and tribunals. 9 All this changed, however, in February 2013, when China sent a note verbale to the Philippines rejecting the South China Sea arbitration. 10 Later that year, in October, Russia sent a similar note verbale to the
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Managing Editor:
Cheryl Dunn-Mabire
The 2021 Rosalyn Higgins Prize Awarded.
Call for submissions for the 2022 Rosalyn Higgins Prize
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.
Procedural matters covered in the Journal include:
• the bench,
• representation of the parties,
• institution of contentious proceedings,
• written proceedings and related matters,
• oral proceedings,
• proceedings in chambers,
• absence of appearance,
• provisional measures of protection,
• preliminary objections,
• counterclaims,
• intervention by third States,
• discontinuance of proceedings,
• the decision,
• interpretation and revision of judgments,
• advisory proceedings,
• evidence,
• witnesses,
• experts,
• the extra-judicial function.
Call for submissions for the 2022 Rosalyn Higgins Prize
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.
Procedural matters covered in the Journal include:
• the bench,
• representation of the parties,
• institution of contentious proceedings,
• written proceedings and related matters,
• oral proceedings,
• proceedings in chambers,
• absence of appearance,
• provisional measures of protection,
• preliminary objections,
• counterclaims,
• intervention by third States,
• discontinuance of proceedings,
• the decision,
• interpretation and revision of judgments,
• advisory proceedings,
• evidence,
• witnesses,
• experts,
• the extra-judicial function.
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The Law and Practice of International Courts and Tribunals 5 : 1–11, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands . GLOBALIZATION AND ITS EFFECT ON INTERNATIONAL COURTS AND TRIBUNALS A NGELA D EL V ECCHIO ∗ I. T HE P ROCESS OF G LOBALIZATION OF L AW The evolution of current
| Boston, 2001, , Chapter sections 3.01. Generalities pp. 87 3.02. Types of courts and tribunals pp. 91 3.03. Fundamentals of jurisdiction of international courts and tribunals pp. 95 3.04. Provisional measures of protection pp. 97 3.05. The International Court of Justice pp. 103 3.06. Arbitration