Research handbook on international procedural law / Joanna Gomula, Stephan Wittich, and Markus Stemeseder, editors.

Format:

Book

Contributor:

Gomula, Joanna, editor.

Wittich, Stephan, editor.

Stemeseder, Markus, editor.

Series:

Research handbooks in international law.

Research Handbooks in International Law Series

Language:

English

Subjects (All):

International courts.

Criminal procedure (International law).

International commercial arbitration.

Civil procedure (International law).

Physical Description:

1 online resource (716 pages)

Edition:

1st edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing Limited, [2024]

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.

Contents:

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.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Gomula, Joanna Research Handbook on International Procedural Law

ISBN:

9781788970792