Research Handbook on International Procedural Law (Research Handbooks in International Law series)

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. Front Matter Copyright Contents Figures Tables Contributors Preface Abbreviations Authorities On the nature and meaning of procedure in international courts and tribunals: Introduction to the Research Handbook on International Procedural Law Part I INTRODUCTORY ISSUES 1. The significance of procedure in the judicial settlement of international disputes 2. Sources of procedural law in international dispute settlement 3. General principles of procedural law 4. Precedent and procedure in international adjudication Part II PROCEDURAL ISSUES OF SELECTED COURTS AND TRIBUNALS 5. Settlement of disputes before the International Tribunal for the Law of the Sea (ITLOS) 6. Procedural aspects of WTO dispute settlement 7. Procedural issues in international investment treaty disputes 8. Procedural issues of international environmental disputes 9. Procedural issues in international commercial arbitration 10. The procedure of the Court of Justice of the European Union: modi operandi at the supranational judicature 11. International administrative tribunals 12. Procedural questions in advisory proceedings initiated by international organizations 13. Settlement of disputes in Asian free trade agreements: An empirical study of the dispute settlement mechanisms in Japan’s BITs and EPAs 14. Inter-state dispute settlement and Africa’s supranational courts Part III INSTITUTIONS AND CONCEPTS OF THE DISPUTE SETTLEMENT PROCESS 15. Settlement of disputes before the ICJ: The case of public interest litigation 16. Jurisdiction and admissibility 17. Conduct of proceedings – a practitioner’s perspective 18. Due process and protection of the parties’ rights 19. Evidence, fact-finding and experts 20. Proceedings incidental to main proceedings 21. Intervention: Expanding the bilateral dispute settlement model of international proceedings 22. Other participants in judicial proceedings (amicus curiae and other forms of participation) 23. Judgments and the termination of proceedings 24. Annulment 25. Appellate review 26. Judgment and compliance 27. Post-judgment procedures before international courts and tribunals 28. Alternative and atypical dispute settlement resolution methods Part IV INTERNATIONAL PROCEDURAL LAW IN THE MAKING? 29. The interplay between substantive and procedural law in the settlement of international disputes 30. The interplay between private and public international law regarding procedure 31. The proliferation of international courts and tribunals and its effect on procedure in the settlement of international disputes Index