Research handbook on international procedural law / 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).
2024
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Title
Research handbook on international procedural law / 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).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2024.
Description
1 online resource (716 pages).
Series
Research handbooks in international law.
Formatted Contents Note
Contents: Preface
List of abbreviations
Authorities
On the nature and meaning of procedure in international courts and tribunals: Introduction to the research handbook on international procedural law / Stephan Wittich
Part I. Introductory issues
1. The significance of procedure in the judicial settlement of international disputes / Hugh Thirlway
2. Sources of procedural law in international dispute settlement / Maxi Scherer, Andrew Mitchell and Dharshini Prasad
3. General principles of procedural law / Philipp Janig
4. Precedent and procedure in international adjudication / 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) / Konrad Marciniak
6. Procedural aspects of WTO dispute settlement / Chios Carmody
7. Procedural issues in international investment treaty disputes / Andrea Bjorklund and Damini Chawla
8. Procedural issues of international environmental disputes / Ludovica Chiussi Curzi
9. Procedural issues in international commercial arbitration / Stefan Kröll and Miquel Mirambell Fargas
10. The procedure of the court of justice of the European Union: Modi operandi at the supranational judicature / Adam Łazowski
11. International administrative tribunals / Thea Agape Lim and Olufemi Elias
12. Procedural questions in advisory proceedings initiated by international organizations / 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 / Mariko Kawano
14. Inter-state dispute settlement and Africa's supranational courts / 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 / Dai Tamada
16. Jurisdiction and admissibility / José Magnaye
17. Conduct of proceedings - a practitioner's perspective / Stratis Georgilas
18. Due process and protection of the parties' rights / Serena Forlati
19. Evidence, fact-finding and experts / James Devaney
20. Proceedings incidental to main proceedings / Katarzyna Gałka
21. Intervention: Expanding the bilateral dispute settlement model of international proceedings / Jane Hofbauer
22. Other participants in judicial proceedings (amicus curiae and other forms of participation) / Paula Wojcikiewicz Almeida
23. Judgments and the termination of proceedings / Daniel Costelloe
24. Annulment / Marek Jeżewski
25. Appellate review / Joanna Gomula
26. Judgment and compliance / Luis Viveros Montoya
27. Post-judgment procedures before international courts and tribunals / Manuel Almeida Ribeiro
28. Alternative and atypical dispute settlement resolution methods / 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 / Chester Brown and Rhys Carvosso
30. The interplay between private and public international law regarding procedure / 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 / Bartłomiej Krzan.
List of abbreviations
Authorities
On the nature and meaning of procedure in international courts and tribunals: Introduction to the research handbook on international procedural law / Stephan Wittich
Part I. Introductory issues
1. The significance of procedure in the judicial settlement of international disputes / Hugh Thirlway
2. Sources of procedural law in international dispute settlement / Maxi Scherer, Andrew Mitchell and Dharshini Prasad
3. General principles of procedural law / Philipp Janig
4. Precedent and procedure in international adjudication / 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) / Konrad Marciniak
6. Procedural aspects of WTO dispute settlement / Chios Carmody
7. Procedural issues in international investment treaty disputes / Andrea Bjorklund and Damini Chawla
8. Procedural issues of international environmental disputes / Ludovica Chiussi Curzi
9. Procedural issues in international commercial arbitration / Stefan Kröll and Miquel Mirambell Fargas
10. The procedure of the court of justice of the European Union: Modi operandi at the supranational judicature / Adam Łazowski
11. International administrative tribunals / Thea Agape Lim and Olufemi Elias
12. Procedural questions in advisory proceedings initiated by international organizations / 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 / Mariko Kawano
14. Inter-state dispute settlement and Africa's supranational courts / 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 / Dai Tamada
16. Jurisdiction and admissibility / José Magnaye
17. Conduct of proceedings - a practitioner's perspective / Stratis Georgilas
18. Due process and protection of the parties' rights / Serena Forlati
19. Evidence, fact-finding and experts / James Devaney
20. Proceedings incidental to main proceedings / Katarzyna Gałka
21. Intervention: Expanding the bilateral dispute settlement model of international proceedings / Jane Hofbauer
22. Other participants in judicial proceedings (amicus curiae and other forms of participation) / Paula Wojcikiewicz Almeida
23. Judgments and the termination of proceedings / Daniel Costelloe
24. Annulment / Marek Jeżewski
25. Appellate review / Joanna Gomula
26. Judgment and compliance / Luis Viveros Montoya
27. Post-judgment procedures before international courts and tribunals / Manuel Almeida Ribeiro
28. Alternative and atypical dispute settlement resolution methods / 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 / Chester Brown and Rhys Carvosso
30. The interplay between private and public international law regarding procedure / 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 / Bartłomiej Krzan.
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Elgaronline
Language
English
ISBN
9781788970792 (e-book)
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