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Research Handbook on International Procedural Law

Research Handbook on International Procedural Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788970785
  • 出版时间 June 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥3,172.50

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  • 描述 
  • 大纲 
  • 详细

    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.

  • Preface xix
    List of abbreviations xxi
    Authorities xxiii
    On the nature and meaning of procedure in international courts and tribunals: Introduction to the Research Handbook on International Procedural Law 1
    Stephan Wittich

    PART I. INTRODUCTORY ISSUES
    1.
    The significance of procedure in the judicial settlement of international disputes 17
    Hugh Thirlway
    2.
    Sources of procedural law in international dispute settlement 30
    Maxi Scherer, Andrew Mitchell and Dharshini Prasad
    3.
    General principles of procedural law 53
    Philipp Janig
    4.
    Precedent and procedure in international adjudication 73
    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) 98
    Konrad Marciniak
    6.
    Procedural aspects of WTO dispute settlement 122
    Chios Carmody
    7.
    Procedural issues in international investment treaty disputes 157
    Andrea Bjorklund and Damini Chawla
    8.
    Procedural issues of international environmental disputes 173
    Ludovica Chiussi Curzi
    9.
    Procedural issues in international commercial arbitration 192
    Stefan Kröll and Miquel Mirambell Fargas
    10.
    The procedure of the Court of Justice of the European Union: modi operandi at the supranational judicature 216
    Adam Łazowski
    11.
    International administrative tribunals 250
    Thea Agape Lim and Olufemi Elias
    12.
    Procedural questions in advisory proceedings initiated by international organizations 275
    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 293
    Mariko Kawano
    14.
    Inter-state dispute settlement and Africa’s supranational courts 310
    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 331
    Dai Tamada
    16.
    Jurisdiction and admissibility 351
    José Magnaye
    17.
    Conduct of proceedings – a practitioner’s perspective 368
    Stratis Georgilas
    18.
    Due process and protection of the parties’ rights 375
    Serena Forlati
    19.
    Evidence, fact-finding and experts 395
    James Devaney
    20.
    Proceedings incidental to main proceedings 410
    Katarzyna Gałka
    21.
    Intervention: Expanding the bilateral dispute settlement model of international proceedings 428
    Jane Hofbauer
    22.
    Other participants in judicial proceedings (amicus curiae and other forms of participation) 450
    Paula Wojcikiewicz Almeida
    23.
    Judgments and the termination of proceedings 475
    Daniel Costelloe
    24.
    Annulment 490
    Marek Jeżewski
    25.
    Appellate review 506
    Joanna Gomula
    26.
    Judgment and compliance 536
    Luis Viveros Montoya
    27.
    Post-judgment procedures before international courts and tribunals 565
    Manuel Almeida Ribeiro
    28.
    Alternative and atypical dispute settlement resolution methods 580
    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 601
    Chester Brown and Rhys Carvosso
    30.
    The interplay between private and public international law regarding procedure 631
    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 652
    Bartłomiej Krzan

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