New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals
Kluwer Arbitration Blog
April 3, 2012
Please refer to this post as:, ‘New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals’, Kluwer Arbitration Blog, April 3 2012, http://arbitrationblog.kluwerarbitration.com/2012/04/03/new-scholarship-the-rules-practice-and-jurisprudence-of-international-courts-and-tribunals/
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped.
I am the (proud) editor and a contributor of the book and am delighted to have the opportunity to bring it to the attention of this group. I think it will be of special interest to arbitration practitioners.
The book examines the main existing international dispute resolution bodies in a systematic, comprehensive and accessible way.
To the extent possible, chapters are structured similarly, and each chapter explores a specific dispute resolution forum.
After a short introduction of the forum, each chapter provides essential information of the institution examined, including its composition, seat, operation, costs, applicable law, and detailed analysis of its jurisdiction.
This introduction is followed by a procedural overview, which includes rules of procedure, the structure of the proceedings, role of third parties, interim measures of protection, languages used and available remedies and enforcement procedures.
Uniquely, each chapter also includes an extensive review of the essential jurisprudence of the institution examined, which will be particularly relevant for academics and practitioners in international law alike.
Additionally, the similar structure makes each forum both easily accessible and comparable with other fora included in the book.
International courts and tribunals analyzed in the book include:
– Courts and tribunals of general jurisdiction, such as the International Court of Justice and the Permanent Court of Arbitration;
– Fora of specialized jurisdiction, such as the International Tribunal for the Law of the Sea, the International Centre for the Settlement of Investment Disputes, and the World Trade Organization’ dispute settlement system;
– Human rights courts, such as the European Court of Human Rights, the Inter-American Court of Human Rights and the African Human rights system;
– International criminal courts and tribunals, including the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, as well as hybrid and internationalized tribunals;
– Courts and tribunals of regional integration agreements, including NAFTA, the European Union system and by other regional economic integration agreements.
The book also includes a chapter reviewing the administrative tribunals of international organizations, and chapters on the United Nations Claims Commission, the Iran-US Claims Tribunal and the Claims Resolution Tribunal.
The complete table of contents is here.
Many well know practitioners and contributors to this blog have contributed to this book, including the blog’s general editor, Roger Alford, as well as Laurence Boisson de Chazournes, Brooks Daly, Timothy Feighery, Carolyn Lamm, Andrea Menaker, Sean Murphy and Jeremy Sharpe. A complete list of authors is available here.
My hope is that this book will fill a vacuum that I identified when teaching an introductory class on international courts and tribunals for a simple but comprehensive review of the rule and practice of international courts and tribunals.
I would love to hear feedback from readers!
White & Case LLP