The Functions of International Adjudication and International Environmental Litigation

Vorwort
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.

Autorentext

Joshua Paine is a Senior Lecturer in Law at the University of Bristol. His research focuses on international dispute settlement and international economic law. He has published widely in leading peer-reviewed journals and in edited volumes.

Klappentext

This book will benefit academics and practitioners working in international dispute settlement, public international law, international economic law, and law of the sea. Focusing on environmental disputes, it develops a comparative analysis of the roles of international courts and tribunals across four key sites of international adjudication.

Zusammenfassung
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

Inhalt

1. Introduction; 2. Adjudication in the World Trade Organization; 3. Adjudication Under the United Nations Convention on the Law of The Sea; 4. International Court of Justice Litigation; 5. Investment Treaty Arbitration; 6. Conclusion; Bibliography.