International Procedure in Interstate Litigation and Arbitration: A Comparative Approach

ISBN-13: 9781108845311 / Angielski / Twarda / 2021 / 320 str.

de Brabandere, Eric

Opis

Academics and practitioners present a comparative analysis of the procedural aspects of the settlement of interstate disputes in international law.

Spis treści

Part I. Pre-Hearing and Selection and Appointment of Judges and Arbitrators: 1. Registries and Secretariats of Interstate Dispute Resolution Authorities: Explaining Registries' and Secretariats' modes of work in light of joint information management by disputing parties promoted by Pre-judicial Proceedings Patrick Wasilczyk; 2. Judicial Independence at International Courts and Tribunals: Lessons Drawn from the Experiences of the International Court of Justice and the Appellate Body of the World Trade Organisation Rishi Gulati; 3. Designing for the Best Composition of International Courts: The Value of Diverse and Specialised International Law Expertise on the Bench Adamantia Rachovitsa; 4. The Role of the Judge Ad Hoc in Inter-state Litigation : Perspectives from the Law and Practice of the International Court of Justice Cecily Rose; Part II. Post-Commencement Litigation Procedure and Strategy: 5. Interim measures: International tribunals as international organisations Iain Scobbie; 6. Procedural Challenges and Strategies before the ICJ and ITLOS: The Indian Experience Katherine Maddox Davis; 7. Achieving Greater Access to Justice through Cost-Efficiency: A Comparative Assessment Across State-to-State Dispute Settlement Institutions Brian McGarry; 8. Opening Up International Adjudication : Mapping Procedural Transparency in International Disputes José M Reis; Part III. Evidence and Witness: 9. Testing Witnesses in International Dispute Settlement: WTO versus other International Tribunals Katherine Connolly and Marie-Astrid Dossche; 10. The Use of Experts in State-to-State Disputes: The Benefits of Cross-Fertilization Rukmini Das; Part IV. Post-Hearing and Effect of Decisions: 11. Settling a Dispute: The Scope of the International Jurisdictional Function Guillaume Guez; 12. Rule of Precedent and Rules on Precedent Niccolo Ridi; 13. Cross-fertilization and Conflicts between Courts and Tribunals: An Analysis from the Perspective of the United Nations Convention on the Law of the Sea Makoto Seta.